ITO, Jagaron V. Sh. Harpreet Singh, Jagaron

ITA 1040/CHANDI/2016

• Counselvise Citation: [2018] 119 COUNSELVISE.COM (IT) 2359 (ITAT-CHANDIGARH)
• Duration Of Justice: 2 year(s) 1 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 30-10-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: Not Allotted
• Assessment Year: 2011-2012
• Appeal Filed On: 30-09-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect

Judgement Text

, IN THE INCOME TAX APPELLATE TRIBUNAL, CHANDIGARH BENCH A CHANDIGARH !, ' # . %.. . & , '( # BEFORE: SMT. DIVA SINGH, JM & DR. B.R.R.KUMAR, AM ./ ITA NO. 1040/CHD/2016 / ASSESSMENT YEAR : 2011-12 THE ITO, WARD-1, JAGRAON. VS SHRI HARPREET SINGH, S/O SHRI DARSHAN SINGH, S.NO. 2, DASHMESH NAGAR, KACHA MALAK ROAD, JAGRAON. ./ PAN NO: ATXPS4660A / APPELLANT / RESPONDENT ! / REVENUE BY : SMT. CHANDERKANTA, SR.DR '# ! / ASSESSEE BY : SHRI GAURAV SHARMA $ % #&/ DATE OF HEARING : 26.09.2018 '()* #&/ D ATE OF PRONOUNCEMENT :30.10. 2018 ')/ ORDER PER DIVA SINGH THE PRESENT APPEAL HAS BEEN FILED BY THE REVENUE ASSAILIN G THE CORRECTNESS OF THE ORDER DATED 25.07.2016 OF CIT(A)-3 LUDHIANA PERTAINING TO 2011-12 ASSESSMENT YEAR. 2. THE LD. AR INVITING ATTENTION TO THE COMPUTATION SHEET ADDRESSING THE TAX EFFECT INVOLVED IN THE PRESENT APPEAL SUBMITTED TH AT THE ISSUE UNDER THE PRESENT APPEAL IS LIMITED TO THE ADDITION OF RS. 2 6,23,390/- DELETED BY THE CIT(A). RELYING ON THIS FACT, IT WAS SUBMITTE D THAT THE TAX EFFECT INVOLVED IN THE APPEAL IS MUCH BELOW THE TAXABLE LIMIT A S LAID DOWN BY THE CBDT CIRCULAR NO. 3/2018 DATED 11.07.2018. THE LD. SR.DR ON GOING THROUGH THE COPY OF THE NOTICE OF DEMAND U/S 156 OF THE INCOME TAX ACT DATED 19.03.2014 FAIRLY AGREED THAT THE TAX EFFEC T INVOLVED IS MUCH BELOW THE TAXABLE LIMIT. 3. ACCORDINGLY, IN THE LIGHT OF THE SUBMISSIONS OF THE PARTIES BEFORE THE BENCH ON THE BASIS OF MATERIAL AVAILABLE ON RECORD, THE AP PEAL OF THE REVENUE IS DISMISSED ON THE GROUNDS OF LOW TAX EFFECT IN TE RMS OF THE ITA 1040/CHD/2016 A.Y.2011-12 PAGE 2 OF 2 AFORESAID CIRCULAR OF THE CBDT BY WHICH THE TAX AUTHORITIE S ARE BOUND. THE APPEAL OF THE REVENUE, ACCORDINGLY, IS DISMISSED AS NOT PRESSED. 4. IN THE RESULT, APPEAL OF THE REVENUE IS DISMISSED. SAID O RDER WAS PRONOUNCED IN THE OPEN COURT AT THE TIME OF HEARING ITSELF. ORDER PRONOUNCED IN THE OPEN COURT ON 30.10. 2018. SD/- SD/- ( . %.. . & ) ( ! ) (DR. B.R.R. KUMAR) (DIVA SINGH) '( #/ ACCOUNTANT MEMBER + #/ JUDICIAL MEMBER + (, #-. /.#/ COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT - 2. / THE RESPONDENT - 3. $ 0#/ CIT 4. $ 0# ()/ THE CIT(A) 5. .34 #5, & 5, 7894:/ DR, ITAT, CHANDIGARH 6. 49 ;%/ GUARD FILE 7. (, $ / BY ORDER, < / ASSISTANT REGISTRAR ITAT,CHANDIGARH.