THE INCOME TAX OFFICER ( EXEMPTION), BILASPUR(CG) V. M/S MARGDARSHAN SANSTHAN, AMBIKAPUR (CG)

ITA 221/BIL/2016

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 6496 (ITAT-RAIPUR)
• Duration Of Justice: 2 year(s) 9 month(s) 16 day(s)
• Appeal Type: TDS Appeal
• Pronouncement Date: 08-05-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2009-2010
• Appeal Filed On: 22-07-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: D K JAIN
• Assessee Lawyers: G S AGRAWAL
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL RAIPUR BENCH, RAIPUR BEFORE SHRI R. K. PANDA, ACCOUNTANT MEMBER AND MS. SUCHITRA KAMBLE, JUDICIAL MEMBER ITA NOS.221 & 222/BIL/2016 ASSESSMENT YEARS : 2009-10 & 2010-11 ITO (EXEMPTIONS), BILASPUR (CG). VS. MARGDARSHAN SANSTHAN RING ROAD, CHOPRAPARA, AMBIKAPUR, AMBIKAPUR (CG). PAN : AAAAM8208P (APPELLANT) (RESPONDENT) DEPARTMENT BY : SHRI D. K. JAIN, DR ASSESSEE BY : SHRI G. S. AGRAWAL, CA DATE OF HEARING : 06-08-2018 DATE OF PRONOUNCEMENT : 06-08-2018 O R D E R PER R. K. PANDA, AM : BOTH THE APPEALS FILED BY THE REVENUE ARE DIRECTED AGAINST THE COMMON ORDER DATED 17.03.2016 OF CIT(A), BILASPUR (CG) RELATING TO ASSESSMENT YEARS 2009-10 AND 2010-11 RESPECTIVELY. 2. THE LD. COUNSEL FOR THE ASSESSEE, AT THE OUTSET, SUBMITTED THAT THE TAX EFFECT INVOLVED IN THE GROUNDS RAISED BY THE REVENUE IS BELOW RS.20 LAKHS. THEREFORE, IN VIEW OF THE LATEST CBDT CIRCULAR NO.03/2018 [F.NO.279/MISC.142/2007-ITJ (PT)] DATED 11 TH JULY, 2018 WHICH IS APPLICABLE EVEN TO PENDING APPEALS, THE APPEALS FILED BY THE REVENUE ARE NOT MAINTAINABLE. 2 ITA NOS.221 & 222/BIL/2016 3. THE LD. DR ON THE OTHER HAND FAIRLY CONCEDED THAT THE TAX EFFECT INVOLVED IN THE GROUNDS RAISED BY THE REVENUE IS ADMITTEDLY BELOW RS.20 LAKHS. 4. WE HAVE HEARD THE RIVAL SUBMISSIONS MADE BY BOTH THE SIDES. IT IS AN ADMITTED FACT THAT THE TAX EFFECT INVOLVED IN THE GROUNDS RAISED BY THE REVENUE IS LESS THAN RS.20 LAKHS. THEREFORE, IN VIEW OF THE LATEST CBDT CIRCULAR CITED (SUPRA) RAISING THE MONETARY LIMITS FOR FILING OF THE APPEALS BEFORE THE TRIBUNAL WHICH IS APPLICABLE EVEN TO PENDING APPEALS, THE APPEAL FILED BY THE REVENUE IS DISMISSED. 5. IN THE RESULT, BOTH THE APPEALS FILED BY THE REVENUE ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT AT THE TIME OF HEARING ITSELF I.E. ON THIS 06 TH AUGUST, 2018. SD/- SD/- (SUCHITRA KAMBLE) (R. K. PANDA) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 06-08-2018. SUJEET COPY OF ORDER TO: - 1) THE APPELLANT 2) THE RESPONDENT 3) THE CIT 4) THE CIT(A) 5) THE DR, I.T.A.T., RAIPUR. BY ORDER //TRUE COPY// SR. PRIVATE SECRETARY ITAT, RAIPUR