ITO, Ludhiana V. M/s Chalimax Leather Crafts P. Ltd., Ludhiana

ITA 26/CHANDI/2010

• Counselvise Citation: 2621514 RSA 2010
• Duration Of Justice: 5 year(s) 11 month(s) 6 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 14-12-2015
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 14-12-2015
• Assessment Year: 2005-2006
• Appeal Filed On: 07-01-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: MRS RAJINDER KAUR
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL CHANDIGARH BENCHES, CHANDIGARH BEFORE SHRI H.L.KARWA, HON'BLE VICE PRESIDENT & MS. ANNAPURNA MEHROTRA, ACCOUNTANT MEMBER ITA NO. 26/CHD/2010 ASSESSMENT YEAR: 2005-06 THE ITO, VS. M/S CHALIMAX LEATHER CRAFTS P. LTD. , WARD V(1), LUDHIANA LUDHIANA PAN NO. AACCC3104E (APPELLANT) (RESPONDENT) APPELLANT BY : MRS RAJINDER KAUR RESPONDENT BY : NONE DATE OF HEARING : 14.12.2015 DATE OF PRONOUNCEMENT : 14.12.2015 . ORDER PER H.L.KARWA, VP THIS APPEAL FILED BY THE REVENUE IS DIRECTED AGAINS T THE ORDER OF CIT(A)-II, LUDHIANA DATED 26.11.2008 RELATING TO ASSESSMENT YE AR 2005-06. 2. IN THIS APPEAL THE REVENUE HAS RAISED THE FOLLOW ING GROUNDS:- 1. THAT, ON THE FACTS AND IN THE CIRCUMSTANCES OF T HE CASE, THE LD. CIT(A) HAS ERRED IN LAW IN REDUCING THE DISALLOWANCE OF RS. 13,20,296/- TO 10,33,544/- MADE ON ACCOUNT OF FOREIGN TRAVELLING EXPENSES. 2 2. THAT, ON THE FACTS AND IN THE CIRCUMSTANCES OF T HE CASE, THE LD. CIT(A) HAS ERRED IN LAW IN DELETING THE DISALLOWANCE OF RS. 11,95,487/- MADE ON ACCOUNT OF EXHIBITION EXPENSES. 3. WE HAVE HEARD MS. RAJINDER KAUR, LD. DR. IT IS OBSERVED THAT IN THIS CASE THE TAX EFFECT DOES NOT EXCEED THE MONETARY LIMIT O F RS. 10 LAKHS. THUS, IN VIEW OF CIRCULAR NO. 21/2015 DATED 10.12.2015, F.NO. 279 /MISC.142/2007-ITJ(PT), GOVERNMENT. OF INDIA, MINISTRY OF FINANCE, DEPARTME NT OF REVENUE, CENTRAL BOARD OF DIRECT TAXES, THE INSTANT APPEAL DESERVES TO BE TREATED AS WITHDRAWN / NOT PRESSED. VIDE PARA 10 OF THE ABOVE INSTRUCTION S, THE CBDT HAS CLARIFIED THAT THIS INSTRUCTION WILL APPLY RETROSPECTIVELY TO PEND ING APPEALS AND APPEALS TO BE FILED HENCEFORTH IN ITAT. THE CBDT HAS FURTHER CLA RIFIED THAT THE PENDING APPEALS BEFORE THE TRIBUNAL BELOW THE SPECIFIED TAX LIMITS I.E. RS. 10 LAKHS MAY BE WITHDRAWN / NOT PRESSED BY THE REVENUE. IT IS A LSO OBSERVED THAT THE ISSUES INVOLVED IN THIS APPEAL ARE NOT COVERED BY PARA 8 O F THE ABOVE INSTRUCTIONS. ACCORDINGLY, THE APPEAL FILED BY THE REVENUE IS TRE ATED AS WITHDRAWN / NOT PRESSED. 4. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISM ISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 14.12.2015 SD/- SD/- (ANNAPURNA MEHROTRA) (H.L.KARWA) ACCOUNTANT MEMBER VICE PRESIDENT DATED 14 TH DECEMBER, 2015 RKK COPY TO: 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT 4. THE CIT(A) 5. THE DR 3