ITO, W-4(3), Chandigarh V. M/s Ideas Design Solutions (P) Ltd., Chandigarh

ITA 296/CHANDI/2018

• Counselvise Citation: [2018] 121 COUNSELVISE.COM (IT) 5001 (ITAT-CHANDIGARH)
• Duration Of Justice: 2 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-05-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2013-2014
• Appeal Filed On: 07-03-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: MANJIT SINGH
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DIVISION BENCH SMD,CHANDIGARH BEFORE SHRI SANJAY GARG, JUDICIAL MEMBER AND MS. ANNAPURNA GUPTA,ACCOUNTANT MEMBER ITA NO. 295/CHD/2018 ASSESSMENT YEAR: 2013-14 THE ITO, VS M/S PUGMARK INTERWEB (P) LTD., A CIT, SCO 343-345, SECTOR 34-A, WARD 4(3), CHANDIGARH. CHANDIGARH. PAN : AABCP0712E ITA NO. 296/CHD/2018 ASSESSMENT YEAR: 2013-14 THE ITO, VS M/S IDEAS DESIGN SOLUTIONS (P) L TD., ACIT, SCO 41, SECTOR 31-D, WARD 4(3), CHANDIGARH. CHANDIGARH. PAN : AABCI2181G (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI MANJIT SINGH, SR.DR RESPONDENT BY : SHRI AJAY JAIN, CA DATE OF HEARING : 28.05.2018 DATE OF PRONOUNCEMENT : 28.05.2018 O R D E R PER BENCH THE ABOVE MENTIONED APPEALS BY REVENUE HAVE BEEN D IRECTED AGAINST THE ORDER OF LD. CIT(APPEALS), CHANDIGARH D ATED 28.12.2017 AND LD. CIT(A)-2, CHANDIGARH DATED 29.12.2017 RESPE CTIVELY FOR ASSESSMENT YEAR 2013-14. 2. IT IS STATED THAT IN THE PRESENT APPEALS THE TAX EFFECT IS LESS THAN THE PRESCRIBED LIMIT PROVIDED BY THE RECENT CB DT CIRCULAR. 3. ACCORDING TO CIRCULAR NO.21/2015 DATED 10.12.201 5, THE CBDT IN SUPERCESSION OF EARLIER INSTRUCTIONS HAS DI RECTED THAT DEPARTMENTS APPEALS BEFORE RS. SHALL NOT BE FILED IN CASES WHERE THE TAX EFFECT DOES NOT EXCEED THE MONETARY LIMIT O F RS.10 LACS. THE TAX WILL NOT INCLUDE ANY INTEREST THEREON. IT IS F URTHER CLARIFIED THAT 2 IF IN THE CASE OF AN ASSESSEE, DISPUTED ISSUES ARIS E 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 SPECI FIED. THIS INSTRUCTION WILL APPLY RETROSPECTIVELY TO PENDING A PPEALS AND APPEALS TO BE FILED HENCEFORTH BEFORE THE TRIBUNAL. THE PENDING APPEALS BELOW THE SPECIFIED TAX LIMIT MAY BE WITHDR AWN/NOT PRESSED. 4. ADMITTEDLY, IN THE PRESENT DEPARTMENTAL APPEALS, THE TAX EFFECT IS LESS THAN RS.10 LACS, THEREFORE, DEPARTME NTAL APPEALS ARE NOT MAINTAINABLE. THE LEARNED CIT (APPEALS) DECIDE D THE ISSUE IN DEPARTMENTAL APPEAL ON FACTS AND THE CASE OF THE RE VENUE WOULD NOT FALL IN THE EXCEPTIONS PROVIDED IN THE ABOVE CIRCUL AR. 5. IN VIEW OF THE ABOVE, LEARNED D.R. STATED THAT S INCE DEPARTMENTAL APPEALS HAVE BEEN FILED AGAINST THE CB DT INSTRUCTIONS, THEREFORE, HE WOULD NOT BE PRESSING D EPARTMENTAL APPEALS. THEREFORE, THE ABOVE DEPARTMENTAL APPEALS ARE DISMISSED BEING NOT PRESSED. 6. IN THE RESULT, BOTH THE APPEALS OF THE REVENUE ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT. SD/- SD/- (ANNAPURNA GUPTA) ( SANJAY GARG) (ACCOUNTANT MEMBER) JUDI CIAL MEMBER DATED: 28 TH MAY,2018. POONAM COPY TO: 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT(A) 4. THE CIT,DR 5. ASSISTANT REGISTRAR ITAT/CHD