ACIT, C-3(1), Chandigarh V. M/s York Builders Pvt. Ltd., Zirakpur

ITA 1028/CHANDI/2017

• Counselvise Citation: [2018] 119 COUNSELVISE.COM (IT) 0318 (ITAT-CHANDIGARH)
• Duration Of Justice: 1 year(s) 4 month(s) 25 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-11-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 15-01-2019
• Assessment Year: 2008-2009
• Appeal Filed On: 21-06-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: CHANDER KANTASR
• Keywords: Tax effect

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL, CHANDIGARH BENCH A CHANDIGARH , ! ' # $ % & , '( ! BEFORE: SMT. DIVA SINGH, JM & SMT.ANNAPURNA GUPTA, AM ./ ITA NO. 1028/CHD/2017 / ASSESSMENT YEAR : 2008-09 THE ACIT, CIRCLE-3 (1), CHANDIGARH. VS M/S YORK BUILDERS P.LTD., SCO NO. 2, DASHMESH ENCLAVE ZIRAKPUR. ./PAN NO: AAACY2703M /APPELLANT /RESPONDENT / REVENUE BY : SMT. CHANDER KANTA,SR.DR /ASSESSEE BY : SHRI TEJ MOHAN SINGH, ADVOCATE ! ' # /DATE OF HEARING : 01.11.2018 $%&' # /DATE OF PRONOUNCEMENT : 16.11.2018 ') /ORDER PER DIVA SINGH THE PRESENT APPEAL HAS BEEN FILED BY THE REVENUE AS SAILING THE CORRECTNESS OF THE ORDER DATED 20.03.2017 OF CIT(A)-1, CHANDIGARH PERTAINING TO 20 08-09 ASSESSMENT YEAR. 2. IT WAS A COMMON STAND OF THE PARTIES BEFORE THE BENCH THAT TAX EFFECT INVOLVED IN THE PRESENT APPEAL IS MUCH LESS THAN THE TAXABLE LIMIT OF RS. 2 0 LACS AS FIXED BY THE CBDT CIRCULAR NO. 3/2018 DATED 11.07.2018, THEREFORE, THE APPEAL FILED BY TH E REVENUE MAY BE DISMISSED IN TERMS OF THE ABOVE CIRCULAR. 3. ACCORDINGLY, IN VIEW OF THE ABOVE, THE APPEAL OF THE REVENUE IS DISMISSED ON THE GROUNDS OF LOW TAX EFFECT IN TERMS OF THE AFORESAID CIRCULAR O F THE CBDT BY WHICH THE TAX AUTHORITIES ARE BOUND. THE APPEAL OF THE REVENUE, ACCORDINGLY, IS DISMISSED AS NOT PRESSED. 4. IN THE RESULT, APPEAL OF THE REVENUE IS DISMISSE D. SAID ORDER WAS PRONOUNCED IN THE OPEN COURT AT THE TIME OF HEARING ITSELF. ORDER PRONOUNCED IN THE OPEN COURT ON 16 TH NOV., 2018. SD/- SD/- ( ' # $ % & ) ( ) (ANNAPURNA GUPTA) (DIVA SINGH) '( ! / ACCOUNTANT MEMBER ! / JUDICIAL MEMBER # ' %( )* +* / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT -3. ! , / CIT 4. ! , ( )/ THE CIT(A) 5. *-. / , # / , 012.3 / DR, ITAT, CHANDIGARH 6. .2 4' / GUARD FILE %( ! / BY ORDER, 5 / ASSISTANT REGISTRAR