ITO, W-1(3), Chandigarh V. M/s Travelmatics Pvt. Ltd., Chandigarh

ITA 1352/CHANDI/2018

• Counselvise Citation: [2019] 112 COUNSELVISE.COM (IT) 4926 (ITAT-CHANDIGARH)
• Duration Of Justice: 1 year(s) 1 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 31-10-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2007-2008
• Appeal Filed On: 30-10-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: MANJIT SINGH

Judgement Text

, , , IN THE INCOME TAX APPELLATE TRIBUNAL DIVISION BENCH, B, CHANDIGARH , ! '# $ % & '# , () BEFORE SHRI SANJAY GARG, JUDICIAL MEMBER AND MS. ANNAPURNA GUPTA, ACCOUNTANT MEMBER ./ ITA NO. 1352/CHD/2018 / ASSESSMENT YEAR : 2007-08 THE ITO, WARD-1(3), CHANDIGARH M/S TRAVELMATICS PVT LTD., H. NO. 152, SECTOR 9-B CHANDIGARH ./PAN NO: AABCT3498D /APPELLANT /RESPONDENT /ASSESSEE BY : SHRI TEJ MOHAN SINGH, ADVOCATE ! / REVENUE BY : SHRI MANJIT SINGH, CIT DR ' # $ /DATE OF HEARING : 31.10.2019 %&'( $ / DATE OF PRONOUNCEMENT : 31.10.2019 (* / ORDER PER SANJAY GARG, JUDICIAL MEMBER: THE PRESENT APPEAL HAS BEEN PREFERRED BY THE ASSESS EE AGAINST THE ORDER DATED 10.08.2018 OF THE COMMISSIONER OF INCOM E TAX (APPEALS)-1, CHANDIGARH [HEREINAFTER REFERRED TO AS CIT(A)]. 2. IT IS NOTICED THAT THIS APPEAL FILED BY THE DEPA RTMENT IS NOT MAINTAINABLE IN VIEW OF THE RECENT CIRCULAR NO. 17/ 2019 DT. 08/08/2019 ISSUED BY CBDT, WHEREIN, THE MONETARY LIMIT FOR FIL ING THE APPEALS BY THE DEPARTMENT BEFORE THE ITAT HAS BEEN INCREASED T O RS. 50,00,000/- ITA NO. 1352/CHD/2018- M/S TRAVELMATICS PVT. LTD, CHANDIGARH 2 FROM RS. 20,00,000/- AS SPECIFIED IN THE EARLIER CI RCULAR 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SLPS/ APPEALS/ CROSS-OBJECTIONS / REFERENCES AND TH AT ALL SUCH PENDING APPEALS WITHIN THE REVISED LIMIT SHALL BE WITHDRAWN BY THE DEPARTMENT ON OR BEFORE 31.10.2019. 4. IN VIEW OF THE AFORESAID DISCUSSION, THE PRESENT APPEAL FILED BY THE DEPARTMENT IS DISMISSED DUE TO LOW TAX EFFEC T. IT IS, 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. THE LEGAL ISSUE RAISED BY THE REVENUE IS BEING LEFT OPEN TO B E ADJUDICATED IN AN APPROPRIATE CASE. IN THE RESULT, THE APPEAL OF THE REVENUE STANDS DIS MISSED. ORDER DICTATED AND PRONOUNCED IN THE OPEN COURT IMM EDIATELY ON COMPLETION OF HEARING. SD/- SD/- ( $ % & '# / ANNAPURNA GUPTA) () / ACCOUNTANT MEMBER ( / SANJAY GARG) / JUDICIAL MEMBER DATED : 31.10.2019 . . ITA NO. 1352/CHD/2018- M/S TRAVELMATICS PVT. LTD, CHANDIGARH 3 &* +, -, / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT 3. ' . / CIT 4. ' . ( )/ THE CIT(A) 5. ,/0 1 , $ 1 , 23405 / DR, ITAT, CHANDIGARH 6. 04 6# / GUARD FILE &* ' / BY ORDER, 7 ! / ASSISTANT REGISTRAR