ACIT, Chandigarh V. M/s Essix Bioscience Ltd., Chandigarh

ITA 1273/CHANDI/2016

• Counselvise Citation: [2017] 130 COUNSELVISE.COM (IT) 8213 (ITAT-CHANDIGARH)
• Duration Of Justice: 3 month(s) 28 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 30-03-2017
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: Not Allotted
• Assessment Year: 2011-2012
• Appeal Filed On: 02-12-2016
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Keywords: Tax effect
• Section: 32; 147; 131; 68; 246; 69; 145; 27; 148; 54; 37; 6; 56; 263; 63; 132; 12; 28; 144; 10; 90; 154; 2; 11; 15; 271(1)(b); 139; 92; 268A

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DIVISION BENCHE, CHANDIGARH BEFORE MS. DIVA SINGH, JUDICIAL MEMBER AND MS.ANNAPURNA GUPTA, ACCOUNTANT MEMBER ITA NO.1273/CHD/2016 (ASSESSMENT YEAR-2011-12) THE A.C.I.T., CENTRAL CIRCLE-II, CHANDIGARH ( APPELLANT) VS M/S ESSIX BIOSCIENCE LTD., SCO 850, SHIVALIK ENCLAVE, NAC MANIMAJRA, CHANDIGARH. PAN-AAACE0210F (RESPONDENT) ASSESSEE BY SHRI SUSHIL KUMAR, CIT DR REVENUE BY SHRI VED JAIN, C.A. DATE OF HEARING 27.03.2017 DATE OF PRONOUNCEMENT 30.03.2017 ORDER THE PRESENT APPEAL HAS BEEN FILED BY THE REVENUE ASSAILING THE CORRECTNESS OF THE ORDER DATED 30.9.2016 OF CIT(APPEALS)-3, GURGAO N PERTAINING TO 2011-12 ASSESSMENT YEAR 2. IT WAS A COMMON STAND OF THE PARTIES BEFORE THE BENCH THAT THE TAX EFFECT IN THE PRESENT APPEAL IS WELL BELOW RS.10 LACS. AS PER TH E COMPUTATION SHEET THE TAX EFFECT IS RS.8,05,000 ODD, WHICH POSITION WAS ACCEPTED BY THE LEARNED CIT DR ALSO. WE HAVE CONSIDERED THE MATERIAL AVAILABLE ON RECORD. WE FI ND THAT THE APPEAL HAS BEEN PREFERRED BY THE REVENUE IN VIOLATION OF CIRCULAR NO. 21/2015 DATED 10 TH DECEMBER, 2015 OF CBDT. BY THE AFORESAID CIRCULAR THE PECUNIARY LIMI T FOR FILING THE APPEAL BEFORE THE I.T.A.T. HAS BEEN PRESCRIBED BEYOND RS.10 LACS. PA RA 3 OF THE AFORESAID CIRCULAR HAS BEEN MADE APPLICABLE VIDE PARA 10 RETROSPECTIVELY. CONSIDERING THE SETTLED LEGAL PRECEDENT THAT THE BOARDS INSTRUCTIONS OR DIRECTIO NS ISSUED TO THE INCOME TAX AUTHORITIES U/S 268A OF THE INCOME TAX ACT, 1961 AR E BINDING ON THE AUTHORITIES, IT IS HELD THAT THE APPEAL IS NON-MAINTAINABLE. WHILE SO HOLDING IT IS MADE CLEAR THAT SINCE THE PRESENT APPEAL HAS NOT BEEN DISPOSED OFF ON MER ITS, BUT DUE TO THE ABOVE REASON, THIS ORDER WILL NOT HAVE ANY JUDICIAL PRECEDENCE. ACCORDINGLY, THE APPEAL OF THE REVENUE IS DISMISSED AS NON-MAINTAINABLE. 3. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISM ISSED. ORDER PRONOUNCED IN THE OPEN COURT. SD/- SD/- (ANNAPURNA GUPTA) (DIVA SINGH) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED : 30 TH MARCH, 2017 *RATI* COPY TO: 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT(A) 4. THE CIT 5. THE DR ASSISTANT REGISTRAR, ITAT, CHANDIGARH 2