DCIT, Parwanoo V. Sh. Rakesh Verma, Parwanoo

ITA 1385/CHANDI/2016

• Counselvise Citation: [2017] 130 COUNSELVISE.COM (IT) 8372 (ITAT-CHANDIGARH)
• Duration Of Justice: 1 month(s) 10 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 25-01-2017
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2011-2012
• Appeal Filed On: 15-12-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: S K MITTAL
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL SMC BENCH, CHANDIGARH BEFORE SHRI N.K. SAINI, ACCOUNTANT MEMBER ITA NO.1385/CHD/2016 (ASSESSMENT YEAR : 2011-12) THE D.C.I.T., VS. SH.RAKESH VERMA, CIRCLE PARWANOO. PLOT NO.41, SECTOR-2, PARWANOO. PAN: AADPV5591N (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI S.K. MITTAL, DR RESPONDENT BY : SHRI MANOJ KUMAR DATE OF HEARING : 25.01.2017 DATE OF PRONOUNCEMENT : 25.01.2017 O R D E R THIS IS AN APPEAL FILED BY THE REVENUE AGAINST THE ORDER DATED 28.10.2016 OF LEARNED COMMISSIONER OF INCOME TAX (APPEALS), SHIMLA RELATING TO ASSESSMENT YEAR 2011-12. 2. IT IS STATED THAT IN THE PRESENT APPEAL THE TAX EFFECT IS LESS THAN THE PRESCRIBED LIMIT PROVIDED B Y THE RECENT CBDT CIRCULAR. 2 3. ACCORDING TO CIRCULAR NO.21/2015 DATED 10.12.2015, THE CBDT IN SUPERCESSION OF EARLIER INSTRUCTIONS HAS DIRECTED THAT DEPARTMENTS APPEALS BEFORE ITAT SHALL NOT BE FILED IN CASES WHERE THE TAX EFFE CT DOES NOT EXCEED THE MONETARY LIMIT OF RS.10 LACS. THE T AX WILL NOT INCLUDE ANY INTEREST THEREON. IT IS FURTHER CL ARIFIED THAT IF IN THE CASE OF AN ASSESSEE, DISPUTED ISSUES ARISE IN MORE THAN ONE ASSESSMENT YEAR, APPEAL CAN BE FILED IN RESPECT OF SUCH ASSESSMENT YEAR OR YEARS IN WHICH T HE TAX EFFECT IN RESPECT OF DISPUTED ISSUES EXCEEDS THE MO NETARY LIMIT SO SPECIFIED. THIS INSTRUCTION WILL APPLY RETROSPECTIVELY TO PENDING APPEALS AND APPEALS TO B E FILED HENCEFORTH BEFORE THE TRIBUNAL. THE PENDING APPEALS BELOW THE SPECIFIED TAX LIMIT MAY BE WITHDRAWN/NOT PRESSE D. 4. ADMITTEDLY, IN THE DEPARTMENTAL APPEAL, THE TAX EFFECT IS LESS THAN RS.10 LACS, THEREFORE, DEPARTME NTAL APPEAL IS NOT MAINTAINABLE. THE LEARNED CIT (APPEA LS) DECIDED THE ISSUE IN DEPARTMENTAL APPEAL ON FACTS A ND THE CASE OF THE REVENUE WOULD NOT FALL IN THE EXCEPTION S PROVIDED IN THE ABOVE CIRCULAR. 5. IN VIEW OF THE ABOVE, LEARNED COUNSEL FOR THE ASSESSEE STATED THAT SINCE DEPARTMENTAL APPEAL IS F ILED AGAINST THE CBDT INSTRUCTIONS, THEREFORE, IT IS NOT MAINTAINABLE. THE LD. DR COULD NOT REBUT THE CONTE NTION 3 OF THE LD. COUNSEL FOR THE ASSESSEE. THEREFORE, TH E ABOVE DEPARTMENTAL APPEAL IS DISMISSED. 6. IN THE RESULT, THE APPEAL OF THE DEPARTMENT IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 25.01.2017. SD/- (N.K. SAINI) ACCOUNTANT MEMBER DATED : 25 TH JANUARY, 2017 *RATI* COPY TO: 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT(A) 4. THE CIT 5. THE DR ASSISTANT REGISTRAR, ITAT, CHANDIGARH