ITO, W-1, Shimla V. Shri Bhartendu Kapoor, Shimla

ITA 1221/CHANDI/2019

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 2162 (ITAT-CHANDIGARH)
• Duration Of Justice: 1 year(s) 5 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 24-02-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2011-2012
• Appeal Filed On: 09-09-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DIVISION BENCH, A CHANDIGARH BEFORE SHRI N.K. SAINI, VICE PRESIDENT & SHRIR.L NEGI, JUDICIAL MEMBER ./ ITA NO. 1221/CHD/2019 / ASSESSMENT YEAR : 2011-12 THE INCOME TAX OFFICER, WARD-1, SHIMLA SH BHARTENDU KAPOOR, KAPOOR HOUSE, DINGU ROAD, SANJAULI, SHIMLA (H.P.) ./PAN NO: ABYPK2168E / APPELLANT /RESPONDENT HEARING THROUGH VIDEO CONFERENCING /ASSESSEE BY : NONE / REVENUE BY : SMT KUSUM BANSAL, ADDL. CIT /DATE OF HEARING : 24.02.2021 / DATE OF PRONOUNCEMENT : 24.02.2021 / ORDER PERR.L. NEGI, JUDICIAL MEMBER: THE ASSESSEE HAS FILED THE CAPTIONED APPEAL AGAINST THE ORDER DATED 27.06.2019 PASSED BY THE COMMISSIONER OF INCOME TAX (APPEALS), SHIMLA [FOR SHORT THE CIT(A)], PERTAINING TO THE ASSESSMENT YEAR 2011- 12 VIDE WHICH THE LD. CIT(A) HAS DISMISSED THE APPE AL OF THE ASSESSEE FILED AGAINST THE ASSESSMENT ORDER PASSED U/S 143(3 ) OF THE INCOME TAX ACT, 1961 (FOR SHORT 'THE ACT'). 2. NONE APPEARED ON BEHALF OF THE ASSESSEE. IT IS N OTICED THAT THIS APPEAL FILED BY THE DEPARTMENT IS NOT MAINTAINABLE IN VIEW OF THE RECENT CIRCULAR NO. 17/2019 DT. 08/08/2019 ISSUED BY CBDT, WHEREIN, THE MONETARY LIMIT FOR FILING THE APPEALS BY THE DEPART MENT BEFORE THE ITAT 2 HAS BEEN INCREASED TO RS. 50,00,000/- FROM RS. 20,0 0,000/- AS SPECIFIED IN THE EARLIER CIRCULAR NO. 3/2018 DATED 11.07.2019 . IT HAS BEEN FURTHER CLARIFIED BY THE CBDT VIDE F.NO . 279/MISC./ITJ DATED 20.08.2019 THAT THE REVISED MON ETARY LIMIT MENTIONED IN CIRCULAR NO. 17 OF 2019 IS APPLICABLE TO ALL THE PENDING SLPS/ APPEALS/ CROSS-OBJECTIONS /REFERENCES AND THA T ALL SUCH PENDING APPEALS WITHIN THE REVISED LIMIT SHALL BE WITHDRAWN BY THE DEPARTMENT ON OR BEFORE 31.10.2019. 4. THE LD. DEPARTMENTAL REPRESENTATIVE FAIRLY ADMIT TED THAT THE TAX EFFECT IN THIS CASE IS BELOW 50,00,000/-. 5. IN VIEW OF THE AFORESAID DISCUSSION, THE PRESENT APPEAL FILED BY THE DEPARTMENT IS DISMISSED DUE TO LOW TAX EFFEC T. ORDER PRONOUNCED ON 24.02.2021. SD/- SD/- ( N.K. SAINI) (R.L.NEGI) / VICE PRESIDENT / JUDICIAL MEMBER DATED : 24.02.2021 . . / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT 3. / CIT 4. ( )/ THE CIT(A) 5. , , / DR, ITAT, CHANDIGARH 6. / GUARD FILE / BY ORDER, / ASSISTANT REGISTRAR