DCIT, Parwanoo V. M/s Medicef Pharma, Baddi

ITA 172/CHANDI/2020

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 1630 (ITAT-CHANDIGARH)
• Duration Of Justice: 9 month(s) 22 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 09-12-2020
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2012-2013
• Appeal Filed On: 17-02-2020
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: CHANDER SHEKHAR
• Keywords: Tax effect

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL BENCH, SMC, CHANDIGARH , BEFORE SHRI SANJAY GARG, JUDICIAL MEMBER ./ ITA NO. 172/CHD/2020 / ASSESSMENT YEAR : 2012-13 THE DCIT, CIRCLE, PARWANOO M/S MEDICEF PHARMA, PLOT NO. 28, EPIP, PHASE 1, JHARMAJRI, BADDI, DISTT. SOLAN (HP) ./PAN NO: AARFM0588N / APPELLANT '# /RESPONDENT HEARING THOUGH VIDEO CONFERENCING $% & ' /ASSESSEE BY : SHRI ASHOK KUMAR, ADDL CIT & ' / REVENUE BY : SHRI CHANDER SHEKHAR, CA ( ) & % * /DATE OF HEARING : 09.12..2020 +,- & % * / DATE OF PRONOUNCEMENT : 09.12.2020 / ORDER THE PRESENT APPEAL HAS BEEN PREFERRED BY THE ASSESS EE AGAINST THE ORDER DATED 22.11.2019 OF THE COMMISSIONER OF INCOME TAX (APPEALS), SHIMLA [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 TO RS . 50,00,000/- FROM RS. 20,00,000/- AS SPECIFIED IN THE EARLIER CIRCULAR NO . 3/2018 DATED 11.07.2019. ITA NO. 172-C-2-2020 M/S MEDICEF PHAR MA, SOLAN 2 IT HAS BEEN FURTHER CLARIFIED BY THE CBDT VIDE F.NO . 279/MISC./ITJ DATED 20.08.2019 THAT THE REVISED MONETARY LIMIT ME NTIONED IN CIRCULAR NO. 17 OF 2019 IS APPLICABLE TO ALL THE PENDING SLPS/ A PPEALS/ CROSS-OBJECTIONS / REFERENCES AND THAT ALL SUCH PENDING APPEALS WITHIN THE REVISED LIMIT SHALL BE WITHDRAWN BY THE DEPARTMENT ON OR BEFORE 31.10.2019 . 3. THE LD. DR, THEREFORE, HAS PRAYED FOR WITHDRAWAL OF THE SAID APPEAL. 4. IN VIEW OF THE AFORESAID DISCUSSION, THE PRESENT APPEAL FILED BY THE DEPARTMENT IS DISMISSED DUE TO LOW TAX EFFECT. IT IS, HOWEVER, CLARIFIED THAT THE DISMISSAL AS WITHDRAWN OF THE AB OVE APPEAL SHALL NOT BE TAKEN TO BE AFFIRMATION OF THE ORDER OF THE CIT(A) ON MERITS.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 BE ADJU DICATED IN AN APPROPRIATE CASE. IN THE RESULT, THE APPEAL OF THE REVENUE STANDS DIS MISSED. ORDER PRONOUNCED ON 09.12.2020. SD/- ( / SANJAY GARG) / JUDICIAL MEMBER DATED : 09.12.2020 .. /&' %0121% / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. '# / THE RESPONDENT 3. ( 3% / CIT 4. ( 3% ( )/ THE CIT(A) 5. 14 ' % 5 , *5 , 6789 / DR, ITAT, CHANDIGARH 6. 8: ) / GUARD FILE / ( / BY ORDER, ; / ASSISTANT REGISTRAR