ITO, Panchkula V. M/s Gymkhana Club, Panchkula

ITA 251/CHANDI/2007

• Counselvise Citation: [2016] 132 COUNSELVISE.COM (IT) 9992 (ITAT-CHANDIGARH)
• Duration Of Justice: 9 year(s) 2 month(s) 24 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-05-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: Not Allotted
• Next Hearing Date: 23-05-2016
• Assessment Year: 2003-2004
• Appeal Filed On: 01-03-2007
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: GAGAN DEEP SINGH
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DIVISION BENCH,CHANDIGARH BEFORE SHRI BHAVNESH SAINI, JUDICIAL MEMBER AND MS. ANNAPURNA GUPTA, ACCOUNTANT MEMBER ITA NO. 900/CHD/2000 ASSESSMENT YEAR: 1995-96 THE ASSTT.CIT, VS GYMKHANA CLUB, PANCHKULA. SECTOR 6, PANCHKULA. PAN: ---------- & ITA NO. 361/CHD/2003 ASSESSMENT YEAR: 1996-97 THE ITO, VS GYMKHANA CLUB, WARD 4, SECTOR 6, PANCHKULA. PANCHKULA. PAN: ---------- & ITA NO. 376/CHD/2001 ASSESSMENT YEAR: 1997-98 THE ACIT, VS GYMKHANA CLUB, PANCHKULA CIRCLE, SECTOR 6, PANCHKULA. PANCHKULA. PAN: ---------- & ITA NO. 514/CHD/2002 ASSESSMENT YEAR: 1998-99 THE ACIT, VS GYMKHANA CLUB, PANCHKULA CIRCLE, SECTOR 6, PANCHKULA. PANCHKULA. PAN: ---------- & ITA NO. 362/CHD/2003 ASSESSMENT YEAR: 1999-2000 THE ITO, VS GYMKHANA CLUB, WARD - 4, SECTOR 6, PANCHKULA. PANCHKULA. PAN: ---------- & 2 ITA NO. 363/CHD/2003 ASSESSMENT YEAR: 2000-01 THE ITO, VS GYMKHANA CLUB, WARD - 4, SECTOR 6, PANCHKULA. PANCHKULA. PAN: ---------- & ITA NO. 251/CHD/2007 ASSESSMENT YEAR: 2003-04 THE ITO, VS GYMKHANA CLUB, WARD - 4, SECTOR 6, PANCHKULA. PANCHKULA. PAN: PAN: AAAAG011 5B & ITA NO. 1033/CHD/2010 ASSESSMENT YEAR: 2007-08 THE ITO, VS GYMKHANA CLUB, WARD - 2, SECTOR 6, PANCHKULA. PANCHKULA. PAN: AAAAG0115B APPELLANT BY : SHRI SUSHIL KUMAR RESPONDENT BY : SHRI GAGANDEEP SINGH (APPELLANT) (RESPONDENT) DATE OF HEARING : 23.05.2016 DATE OF PRONOUNCEMENT : 23.05.2016 O R D E R PER BHAVNESH SAINI,JM ALL THE ABOVE DEPARTMENTAL APPEALS HAVE BEEN DIRECTED AGAINST DIFFERENT ORDERS OF LD. CIT(APPEAL S), PANCHKULA IN WHICH VARIOUS ISSUES WERE RAISED PRIMA RILY THE EXEMPTION OF INCOME ON THE CONCEPT OF MUTUALITY . ALL 3 THE MATTERS ARE STATED TO HAVE BEEN REMANDED BY THE HON'BLE HIGH COURT TO THE TRIBUNAL FOR FRESH DECISI ON. 2. ACCORDING TO CIRCULAR NO. 21/2015 DATED 10.12.20 15, THE CBDT IN SUPERCESSION OF EARLIER INSTRUCTIONS HA S DIRECTED THAT DEPARTMENTS APPEALS BEFORE ITAT SHAL L NOT BE FILED IN CASES WHERE THE TAX EFFECT DOES NOT EXCEED THE MONETARY LIMIT OF RS. 10 LACS. THE TAX WILL NOT IN CLUDE ANY INTEREST THEREON. IT IS FURTHER CLARIFIED THAT IF IN THE CASE OF AN ASSESSEE, DISPUTED ISSUES ARISE IN MORE THAN ONE ASSESSMENT YEAR, APPEAL CAN BE FILED IN RESPECT OF SUCH ASSESSMENT YEAR OR YEARS IN WHICH THE TAX EFFECT IN RESPECT OF DISPUTED ISSUES EXCEEDS THE MONETARY LIMIT SO SP ECIFIED. THIS INSTRUCTION WILL APPLY RETROSPECTIVELY TO PEND ING APPEALS AND APPEALS TO BE FILED HENCEFORTH BEFORE T HE TRIBUNAL. THE PENDING APPEALS BELOW THE SPECIFIED T AX LIMIT MAY BE WITHDRAWN/NOT PRESSED. 3. ADMITTEDLY, IN THE DEPARTMENTAL APPEALS, THE TAX EFFECT IS LESS THAN RS. 10 LACS, THEREFORE, DEPARTM ENTAL APPEALS ARE NOT MAINTAINABLE. THE LD. CIT(APPEALS) DECIDED THE ISSUE IN DEPARTMENTAL APPEALS ON FACTS AND THE CASE OF THE REVENUE WOULD NOT FALL IN THE EXCEPTIONS PROVID ED IN THE ABOVE CIRCULAR. 4. IN VIEW OF THE ABOVE, LD. DR STATED THAT SINCE DEPARTMENTAL APPEALS ARE FILED AGAINST THE CBDT INSTRUCTIONS, THEREFORE, HE WOULD NOT BE PRESSING 4 DEPARTMENTAL APPEALS. THEREFORE, THE ABOVE DEPARTM ENTAL APPEALS ARE DISMISSED BEING NOT PRESSED. ORDER PRONOUNCED IN THE OPEN COURT. SD/- SD/- ( ANNAPURNA GUPTA) (BHAVNESH SAINI) ACCOUNTANT MEMBER JUDICIAL MEMB ER DATED: 23 RD MAY, 2016. POONAM COPY TO: THE APPELLANT, THE RESPONDENT, THE CIT(A), THE CIT, DR ASSISTANT REGISTRAR, ITAT/CHD