ACIT, C-3(1), Chandigarh V. M/s GSCO Infrastructure (P) Ltd., Chandigarh

ITA 1170/CHANDI/2018

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 1216 (ITAT-CHANDIGARH)
• Duration Of Justice: 8 month(s) 28 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 04-06-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2012-2013
• Appeal Filed On: 06-09-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: JAGJIWAN KR GARG CIT DR
• Keywords: Question of law; Tax effect

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL DIVISION BENCH, A, CHANDIGARH . . , , BEFORE SHRI N.K. SAINI, VICE PRESIDENT & SHRISANJAY GARG, JUDICIAL MEMBER ./ ITA NO.1170/CHD/2018 / ASSESSMENT YEAR : 2012-13 THE ACIT, CIRCLE 3 (1), CHANDIGARH VS. M/S G.S.C.O. INFRASTRUCTURE (P) LTD., SCO 67, SECTOR 20, CHANDIGARH ! ' ./ PAN NO:AACCG4392A !#/ APPELLANT %& !# / RESPONDENT '()* /ASSESSEE BY : SH. SANJAY SOOD, CA )* / REVENUE BY : SH. JAGJIWAN KR. GARG, CIT DR + ,)( -' /DATE OF HEARING : 04.06.2019 ./ )( -' / DATE OF PRONOUNCEMENT : 04.06.2019 / ORDER PER SANJAY GARG, JUDICIAL MEMBER: THE PRESENT APPEAL HAS BEEN PREFERRED BY THE REVENU E AGAINST THE ORDER DATED 04.06.2018 OF THE COMMISSIONER OF INCOM E TAX (APPEALS )- 1,CHANDIGARH [HEREINAFTER REFERRED TO AS CIT(A)]. 2. AT THE OUTSET, THE LD. DR HAS SUBMITTED THAT THE TAX EFFECT INVOLVED IN THE PRESENT CASE IS LESS THAN RS. 20 LA CS AND, THEREFORE, THE APPEAL FILED BY THE REVENUE IS LIABLE TO BE DISMISS ED. ITA NO. 1170-C-18 M/S GSCO INFRASTRUCTURE (P) LTD., CHANDIGARH 2 3. IT MAY BE NOTED THAT CBDT VIDE CIRCULAR NO. 3/20 18 DATED 11.07.2018 HAS REVISED THE MONETARY LIMIT UPTO RS.2 0 LACS FOR FILING APPEALS BY THE DEPARTMENT BEFORE THE TRIBUNAL AND F URTHER VIDE PARA 13 OF THE SAID CIRCULAR IT HAS BEEN CLARIFIED THAT SAI D CIRCULAR IS APPLICABLE RETROSPECTIVELY TO THE PENDING APPEALS ALSO. THE H ONBLE PUNJAB & HARYANA HIGH COURT IN THE CASE OF PRINCIPAL CIT OF INCOME TAX VS. SURINDER KUMAR SINGHAL ITA NO 406-2016 (O&M) VIDE ORDER DATED 30.1.2017 WHILE FURTHER RELYING UPON THE DECISION O F THE HON'BLE SUPREME COURT IN THE CASE OF CIT VS. DHANALEKSHMI BANK LTD. (2015) 373 ITR 526 (SC), HAS DISMISSED THE APPEAL OF THE R EVENUE WITHOUT GOING INTO THE MERITS DUE TO LOW TAX EFFECT LEAVING THE QUESTION OF LAW OPEN. IN VIEW OF THE CBDT CIRCULAR NO. 03/2018 (SU PRA) AND IN THE LIGHT OF THE ABOVE REFERRED TO DECISION OF THE HON' BLE JURISDICTIONAL PUNJAB & HARYANA HIGH COURT (SUPRA), THE PRESENT AP PEAL OF THE REVENUE IS DISMISSED DUE TO LOW TAX EFFECT. IT IS, HOWEVER, CLARIFIED THAT THE DISMISSAL OF THE ABOVE APPEAL SHALL NOT BE TAKEN TO BE AFFIRMATION OF THE ORDER O F THE CIT(A) ON MERITS. THE LEGAL ISSUE RAISED BY THE REVENUE IS BEING LEFT OPEN TO BE ADJUDICATED IN AN APPROPRIATE CASE. ORDER PRONOUNCED IN THE OPEN COURT ON 04.06.2019 SD/- SD/- ( . . / N.K. SAINI) ( ! / SANJAY GARG) '#$ / VICE PRESIDENT %& / JUDICIAL MEMBER DATED : 04.06.2019 .. ITA NO. 1170-C-18 M/S GSCO INFRASTRUCTURE (P) LTD., CHANDIGARH 3 1)%(2343( / COPY OF THE ORDER FORWARDED TO : 1. !# / THE APPELLANT 2. %& !# / THE RESPONDENT 3. + 5( / CIT 4. + 5( ( )/ THE CIT(A) 5. 36 %(7 , - 7 , 89:; / DR, ITAT, CHANDIGARH 6. :< , / GUARD FILE 1 + / BY ORDER, = / ASSISTANT REGISTRAR