DCIT (Exemptions), C-2, Chandigarh V. M/s The Captain Todar Singh Memorial Charitable Society, Faridabad

ITA 1549/CHANDI/2018

• Counselvise Citation: [2019] 116 COUNSELVISE.COM (IT) 2753 (ITAT-CHANDIGARH)
• Duration Of Justice: 8 month(s) 20 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 30-08-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2015-2016
• Appeal Filed On: 10-12-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: CHANDER KANTA
• Assessee Lawyers: AKUL AGGARWAL
• Keywords: Tax effect

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL, CHANDIGARH BENCH A CHANDIGARH !, ' # , $ % & ' ( , )* # BEFORE: SMT. DIVA SINGH, JM & SMT.ANNAPURNA GUPTA, AM ./ ITA NO. 1549/CHD/2018 / ASSESSMENT YEAR : 2015-16 THE DCIT (EXEMPTIONS), CIRCLE- 2, CHANDIGARH. VS M/S THE CAPTAIN TODAR SINGH MEMORIAL CHARITABLE SOCIETY, TAGORE ACADEMY PUBLIC SCHOOL, SECTOR-3, BALLABGARH, FARIDABAD. ./ PAN /TAN NO: AAAJC0279K / APPELLANT / RESPONDENT & C.O. 8/CHD/2019 IN ./ ITA NO. 1549/CHD/2018 / ASSESSMENT YEAR : 2015-16 M/S THE CAPTAIN TODAR SINGH MEMORIAL CHARITABLE SOCIETY, TAGORE ACADEMY PUBLIC SCHOOL, SECTOR-3, BALLABGARH,FARIDABAD. VS THE DCIT (EXEMPTIONS), CIRCLE- 2, CHANDIGARH ./ PAN /TAN NO: AAAJC0279K / APPELLANT / RESPONDENT / REVENUE BY : SMT. CHANDERKANTA, SR.DR !' / ASSESSEE BY : SHRI AKUL AGGARWAL # $ '%/ DATE OF HEARING : 22.08.2019 &'() '%/ D ATE OF PRONOUNCEMENT : 30.08.2019 )-/ ORDER PER DIVA SINGH THE PRESENT APPEAL HAS BEEN FILED BY THE REVENUE ASSAILING THE CORRECTNESS OF THE ORDER DATED 26.09. 2018 OF CIT(A) FARIDABAD PERTAINING TO 2015-16 ASSESSMENT Y EAR. ITA 1549 /CHD/2018 & C.O. 8/CHD/2019 PAGE 2 OF 3 2. HOWEVER, AT THE TIME OF HEARING THE PARTIES INVI TED ATTENTION TO THE TAX EFFECT INVOLVED IN THE PRESENT APPEAL WHICH WAS RS. 46,43,000/- ODD. ACCORDINGLY, IN THE LIGHT OF THE CBDT CIRCULAR NO. 17/2019 [F.NO.279/MISC.142/20 07- ITJ(PT.)] DATED 08.08.2019 WHICH HAS BEEN FOLLOWED IN THE ORDER DATED 14.08.2018 IN ITA 1398/AHD/2004 IN THE CASE OF ITO VS DINESH MADHAVLAL PATEL AND 627 OTHERS WHEREIN THE ITAT ADDRESSING THE BACKDROP OF THE AFORESAID CBDT CIRCU LAR DATED 08.08.2019 WAS PLEASED TO NOTE WHAT IT MEANS, IN PLAIN WORDS, IS THAT WHEN A COMMISSIONER (APPEALS) GIVES THE TAXPAYER TAX RELIEF OF UPTO RS 50 LAKHS IN AN APPEA L IN AN ASSESSMENT YEAR, THE MATTER ENDS THERE AND THE RELI EF SO GRANTED BY THE COMMISSIONER (APPEALS) CANNOT BE CHALLENGED BEFORE THIS TRIBUNAL . THE SAID PRECEDENT HAS ALSO BEEN REFERRED TO BY US IN THE ORDER DATED 22.08.2019 IN ITSS 8/CHD/2004 IN THE CASE OF ACIT VS M/S ARADHNA KNITWEARS PVT. LTD. & OTHERS. ACCORDINGLY, AFTER HEARING THE PARTIES WE HOLD THAT IN VIEW OF T HE ABOVE MENTIONED CBDT CIRCULAR, THE APPEAL OF THE REVENUE IS NOT MAINTAINABLE AND ACCORDINGLY, HAS TO BE DISMISSE D. THIS ORDER, IT IS CLARIFIED, IS NOT AN AFFIRMATION OF THE FINDI NG OF THE CIT(A) ON MERITS. THE DISMISSAL IS SOLELY ON ACCOUNT OF THE AFOREMENTIONED CBDT CIRCULAR. THE CROSS OBJECTION FILED BY THE AS SESSEE IS SUPPORTIVE OF THE ORDER PASSED WHEREIN RELIEF HAS B EEN GRANTED BY ITA 1549 /CHD/2018 & C.O. 8/CHD/2019 PAGE 3 OF 3 THE CIT(A) AND IS DISMISSED AS INFRUCTUOUS. SAID OR DER WAS PRONOUNCED IN THE OPEN COURT AT THE TIME OF HEARING ITSELF. 3. IN THE RESULT, APPEAL OF THE REVENUE IS DISMISSE D. ORDER PRONOUNCED IN THE OPEN COURT ON 30 TH AUGUST,2019. SD/- SD/- ( $ % & ' ( ) ( ! ) (ANNAPURNA GUPTA) (DIVA SINGH) )* #/ ACCOUNTANT MEMBER ' #/ JUDICIAL MEMBER * +', '-. /.'/ COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT - 2. / THE RESPONDENT - 3. + + # 0'/ CIT 4. + + # 0' ()/ THE CIT(A) 5. .34 '5, + % +5, 7894:/ DR, ITAT, CHANDIGARH 6. 49 ;$/ GUARD FILE +', # / BY ORDER, < / ASSISTANT REGISTRAR