DCIT, Chandigarh V. Sh. Apurva Goswamy, Chandigarh

ITA 323/CHANDI/2017

• Counselvise Citation: [2017] 127 COUNSELVISE.COM (IT) 6688 (ITAT-CHANDIGARH)
• Duration Of Justice: 8 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 30-10-2017
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: Not Allotted
• Assessment Year: 2011-2012
• Appeal Filed On: 17-02-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: HARISH NAYYAR
• Keywords: Tax effect

Judgement Text

1 IN THE INCOME TAX APPELLATE TRIBUNAL CHANDIGARH BENCHES A, CHANDIGARH BEFORE SHRI SANJAY GARG, JUDICIAL MEMBER & DR. B.R.R. KUMAR, ACCOUNTANT MEMBER ITA NO. 323/CHD/2017 ASSESSMENT YEAR: 2011-12 THE DCIT, VS. SH. APURVA GOSWAMY, CIRCLE 1(1), PROP QUANTUM SOLUTIONS, CHANDIGARH CHANDIGARH PAN NO. AAUPG7800N (APPELLANT) (RESPONDENT) APPELLANT BY : SMT. CHANDERKANTA RESPONDENT BY : SH. HARISH NAYYAR DATE OF HEARING : 30.10.2017 DATE OF PRONOUNCEMENT : 30.10.2017 ORDER PER SANJAY GARG, JUDICIAL MEMBER: THE PRESENT APPEAL HAS BEEN PREFERRED BY THE REVENU E AGAINST THE ORDER DATED 29.11.2016 OF THE COMMISSIONER OF INCOM E TAX (APPEALS)-2 [HEREINAFTER REFERRED TO AS CIT(A)], AMRITSAR CAMP AT CHANDIGARH. 2. AT THE OUTSET, THE LD. COUNSEL FOR THE ASSESSEE HAS STATED THAT THE TAX EFFECT INVOLVED IN THIS APPEAL IS LESS THAN RS. 10 LACS. HE, THEREFORE, HAS SUBMITTED THAT APPEAL OF THE DEPARTMENT IS LIABLE T O BE DISMISSED IN THE LIGHT OF CBDT CIRCULAR NO. 21/2015 DATED 10.12.2015 WHEREIN, THE MONETARY LIMIT PRESCRIBED FOR FILING OF THE APPEAL BY THE DEPARTMENT BEFORE THIS TRIBUNAL IS FIXED AT RS. 10 LACS AND IT HAS BE EN PRESCRIBED THAT THIS 2 CIRCULAR WILL APPLY RETROSPECTIVELY TO PENDING APPE ALS ALSO. IT HAS BEEN DIRECTED THAT THE PENDING APPEALS BELOW THE SPECIFI C TAX LIMIT MAY BE WITHDRAWN / NOT PRESSED. 3. THE LD. DR HAS PRODUCED ON FILE A COPY OF LETTER OF THE ASSESSING OFFICER / DCIT, CHANDIGARH WHEREIN IT HAS BEEN MENT IONED THAT SINCE TAX EFFECT INVOLVED IN THIS APPEAL IS LESS THAN RS. 10 LACS, HENCE, IN VIEW OF IT, THE PRINCIPAL CIT HAS ACCORDED THE APPROVAL FOR WIT HDRAWAL OF THE APPEAL. THE LD. DR, THEREFORE, HAS SUBMITTED THAT IN VIEW O F THE ABOVE, THE APPEAL OF THE DEPARTMENT MAY BE DISMISSED AS WITHDRAWN. 4. IN VIEW OF THE ABOVE SUBMISSIONS, THE APPEAL OF THE DEPARTMENT IS DISMISSED AS WITHDRAWN ORDER PRONOUNCED IN THE OPEN COURT ON 30.10.2017 SD/- SD/- (B.R.R. KUMAR) (SANJAY GARG) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED : 30 TH OCT., 2017 RKK COPY TO: 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT 4. THE CIT(A) 5. THE DR