ITO, Ludhiana V. Sh. Shayamal Pal, Ludhiana

ITA 188/CHANDI/2017

• Counselvise Citation: [2017] 128 COUNSELVISE.COM (IT) 5084 (ITAT-CHANDIGARH)
• Duration Of Justice: 5 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 04-07-2017
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: Not Allotted
• Assessment Year: 2009-2010
• Appeal Filed On: 27-01-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: S K MITTAL
• Keywords: Question of law; Tax effect

Judgement Text

1 IN THE INCOME TAX APPELLATE TRIBUNAL CHANDIGARH BENCHES, CHANDIGARH BEFORE SHRI SANJAY GARG, JUDICIAL MEMBER & DR. B.R.R. KUMAR, ACCOUNTANT MEMBER ITA NO. 188/CHD/2017 ASSESSMENT YEAR: 2009-10 THE ITO, VS. SH. SHAYAMAL PAL, WARD-2(3), LUDHIANA LUDHIANA PAN NO. ALSPP9635L (APPELLANT) (RESPONDENT) APPELLANT BY : SH. S.K. MITTAL RESPONDENT BY : NONE DATE OF HEARING : 29.06.2017 DATE OF PRONOUNCEMENT : 04.07.2017 ORDER PER SANJAY GARG, JUDICIAL MEMBER: THE PRESENT APPEAL HAS BEEN PREFERRED BY THE REVENU E AGAINST THE ORDER DATED 17.11.2016 OF THE COMMISSIONER OF INCOM E TAX (APPEALS)-1 [HEREINAFTER REFERRED TO AS CIT(A)], LUDHIANA. 2. AT THE OUTSET, THE LD. DR HAS STATED THAT TAX EF FECT INVOLVED IN THE PRESENT CASE IS LESS THAN RS. 10 LACS. HE, THEREFOR E, HAS STATED THAT CBDT CIRCULAR NO. 21/2005 IS APPLICABLE TO THIS APPEAL, HENCE, THIS APPEAL OF THE REVENUE MAY BE DISMISSED. 3. IT MAY BE NOTED THAT CBDT VIDE CIRCULAR NO. 21/2 015 DATED 10.12.2015 HAS REVISED THE MONETARY LIMIT UPTO RS. 10 LACS FOR FILING APPEALS BY THE DEPARTMENT BEFORE THE TRIBUNAL AND F URTHER VIDE PARA 10 OF 2 THE SAID CIRCULAR IT HAS BEEN CLARIFIED THAT SAID C IRCULAR IS APPLICABLE RETROSPECTIVELY TO THE PENDING APPEALS ALSO. IN VIEW OF THE DECISION OF THE HON'BLE PUNJAB & HARYANA HIGH COURT IN THE CASE O F PRINCIPAL CIT OF INCOME TAX VS. SURINDER KUMAR SINGHAL ITA NO 406-2 016 (O&M) VIDE ORDER DATED 30.1.2017 WHEREIN THE HON'BLE HIGH COU RT FURTHER RELYING UPON THE DECISION OF THE HON'BLE SUPREME COURT IN T HE CASE OF CIT VS. DHANALEKSHMI BANK LTD. (2015) 373 ITR 526 (SC), HA S DISMISSED THE APPEAL OF THE REVENUE WITHOUT GOING INTO THE MERIT S DUE TO LOW TAX EFFECT LEAVING THE QUESTION OF LAW OPEN, THE PRESENT APPEA L IS DISMISSED. 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 OPE N TO BE ADJUDICATED IN AN APPROPRIATE CASE. ORDER PRONOUNCED IN THE OPEN COURT ON 04.07.2017 SD/- SD/- (DR. B.R.R. KUMAR) (SANJAY GARG) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED : 04.07.2017 RKK COPY TO: 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT 4. THE CIT(A) 5. THE DR