ITO, W-1, Barnala V. Sh. Darshan Singh, Barnala

ITA 1452/CHANDI/2017

• Counselvise Citation: [2018] 124 COUNSELVISE.COM (IT) 9952 (ITAT-CHANDIGARH)
• Duration Of Justice: 11 month(s) 21 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 25-09-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 14-08-2018
• Assessment Year: 2014-2015
• Appeal Filed On: 04-10-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: CHANDRA KANTA
• Keywords: Tax effect

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL, CHANDIGARH BE NCH A, CHANDIGARH !, ' # , . %.. . & , '( # BEFORE: SMT. DIVA SINGH, JM & DR. B.R.R. KUMAR , A M ./ ITA NO. 1095/CHD/2017 / ASSESSMENT YEAR : 2013-14 THE DY. CIT CIRCLE-7, LUDHIANA M/S FRANKLIN LABORATORIES (INDIA) PVT. LTD. 386/1, MAHARANI JHANSI ROAD, CIVIL LINES, LUDHIANA ./ PAN NO: AAACF2313C / APPELLANT / RESPONDENT ./ ITA NO. 1452/CHD/2017 / ASSESSMENT YEAR : 2014-15 THE ITO WARD-1, BARNALA SH. DARSHAN SINGH PROP. M/S GILL EGG SALES, MANSA ROAD HANDIAYA BARNALA ./ PAN NO: BGOPS5340A / APPELLANT / RESPONDENT ! ' / ASSESSEE BY : SHRI. PARIKSHIT AGGARWAL # ! ' / REVENUE BY : SMT. CHANDRAKANTA $ % ! &/ DATE OF HEARING : 08/08/2018 '()* ! &/ DATE OF PRONOUNCEMENT : 25/09/2018 ')/ ORDER PER BENCH : BOTH THE ABOVE APPEALS HAVE BEEN FILED BY THE REVEN UE AGAINST THE ORDER OF THE LD. CIT(A). 2. ACCORDING TO CIRCULAR NO. 03/2018 DATED 11/07/20 18, THE CBDT IN SUPERSESSION OF EARLIER INSTRUCTIONS HAS DIRECTED T HAT DEPARTMENTS APPEALS BEFORE ITAT SHALL NOT BE FILED IN CASES WHERE THE T AX EFFECT DOES NOT EXCEED THE MONETARY LIMIT OF RS. 20 LACS. THE TAX WILL NOT IN CLUDE ANY INTEREST THEREON. IT IS FURTHER CLARIFIED THAT IF IN THE CASE OF AN ASSESSE E, DISPUTED ISSUES ARISE IN MORE THAN ONE ASSESSMENT YEAR, APPEAL CAN BE FILED IN RE SPECT OF SUCH ASSESSMENT YEAR OR YEARS IN WHICH THE TAX EFFECT IN RESPECT OF DISPUTED ISSUES EXCEEDS THE MONETARY LIMIT SO SPECIFIED. 3. ADMITTEDLY, IN THE DEPARTMENTAL APPEALS, THE TAX EFFECT IS LESS THAN RS. 20 LACS, THEREFORE, DEPARTMENTAL APPEAL IS NOT MAINTAI NABLE. THE LD. DR COULD NOT BRING TO OUR NOTICE ANY EXCEPTIONS MENTIONED IN THE SAID CIRCULAR. 4. IN VIEW OF THE ABOVE, BOTH THE ABOVE APPEALS OF THE REVENUE ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT. SD/- SD/- ! . %.. . & , (DIVA SINGH) (DR. B.R.R. KUMAR) ' #/ JUDICIAL MEMBER '( #/ ACCOUNTANT MEMBER AG DATE: 25/09/2018 (+ ! ,- .- / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT 3. $ / / CIT 4. $ / ()/ THE CIT(A) 5. -23 4, & 4, 67839/ DR, ITAT, CHANDIGARH 6. 38 :%/ GUARD FILE (+ $ / BY ORDER, ; #/ ASSISTANT REGISTRAR