ITO-Ward-1(3), Chandigarh V. M/s Silver City Housing & Infrastructure Ltd., Chandigarh

ITA 129/CHANDI/2020

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 2152 (ITAT-CHANDIGARH)
• Duration Of Justice: 9 month(s) 21 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 26-11-2020
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2014-2015
• Appeal Filed On: 05-02-2020
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ASHOK KUMAR KHANNA
• Keywords: Tax effect

Judgement Text

, IN THE INCOME TAX APPELLATE TRIBUNAL, CHANDIGARH BENCH SMC CHANDIGARH , BEFORE: SH. SANJAY GARG, JUDICIAL MEMBER ./ ITA NO.129/CHD/2020 / ASSESSMENT YEAR : 2014-15 THE ITO, WARD 1(3), CHANDIGARH. M/S SILVER CITY HOUSING & INFRASTRUCTURE LTD., H.NO. 89, SECTOR 8-A, CHANDIGARH. ./ PAN NO: AAKCS4654H / APPELLANT / RESPONDENT ! / REVENUE BY : SHRI ASHOK KUMAR KHANNA, ADDL. CI T '# ! / ASSESSEE BY : SHRI TEJ MOHAN SINGH, ADVOCATE $ % #&/ DATE OF HEARING : 26.11.2020 '()* #&/ DATE OF PRONOUNCEMENT : 26.11.2020 !/ ORDER THE PRESENT APPEAL HAS BEEN PREFERRED BY THE REVENU E AGAINST THE ORDER DATED 05.11.2019 OF THE COMMISSIONER OF INCOM E TAX (APPEALS)-1, CHANDIGARH. HEARING OF THE APPEAL HAS BEEN DONE TH ROUGH VIDEO CONFERENCING. 2. SHRI ASHOK KUMAR KHANNA, APPEARING ON BEHALF OF THE REVENUE INVITING ATTENTION TO THE RECORD SUBMITTED THAT IN THE FACTS OF THE PRESENT CASE, THE TAX EFFECT INVOLVED IS RS. 3,53,080/-. A CCORDINGLY, IN TERMS OF THE LATEST CBDT CIRCULAR DATED 08.08.2019 WHEREIN T HE DEPARTMENT HAS SPECIFIED THE MONETARY LIMIT FOR AN APPEAL TO BE FI LED BY THE REVENUE ITA-129/CHD/2020 A.Y. 2014-15 PAGE 2 OF 2 BEFORE THE ITAT AS RS. 50 LACS, PERMISSION TO WITHD RAW THE APPEAL MAY BE GRANTED. 3. IN VIEW OF THE ABOVE SUBMISSIONS, THE PRESENT AP PEAL FILED BY THE DEPARTMENT IS DISMISSED DUE TO LOW TAX EFFECT. IT I S, HOWEVER, CLARIFIED THAT THE DISMISSAL OF THE ABOVE APPEAL SHALL NOT BE TAKEN TO BE AFFIRMATION OF THE ORDER OF THE CIT(A) ON MERITS. T HE LEGAL ISSUE RAISED BY THE REVENUE IS BEING LEFT OPEN TO BE ADJUDICATED IN AN APPROPRIATE CASE. 5. IN THE RESULT THE APPEAL OF THE REVENUE IS DISMI SSED. ORDER PRONOUNCED IN THE COURT ON 26 TH NOVEMBER,2020. SD/- ( ) (SANJAY GARG ) / JUDICIAL MEMBER POONAM (+ #,- .-# / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT 3. $ /# / CIT 4. $ /# ( )/ THE CIT(A) 5. -01 #2 , & 2 , 34516 / DR, ITAT, CHANDIGARH 6. 15 7% / GUARD FILE (+ $ / BY ORDER, 8 / ASSISTANT REGISTRAR