Income Tax Officer, Yamunanagar V. M/s Sakshi Packers Pvt. Ltd., Yamunanagar

ITA 468/CHANDI/2015

• Counselvise Citation: [2016] 121 COUNSELVISE.COM (IT) 2442 (ITAT-CHANDIGARH)
• Duration Of Justice: 8 month(s) 6 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 07-01-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 07-12-2015
• Assessment Year: 2004-2005
• Appeal Filed On: 01-05-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: MANJIT SINGH
• Assessee Lawyers: SUDHIR SEHGAL SH ASHOK GOYAL
• Keywords: Tax effect

Judgement Text

1 IN THE INCOME TAX APPELLATE TRIBUNAL DIVISION BENCH, CHANDIGARH BEFORE SHRI H.L.KARWA, VICE PRESIDENT AND MS. ANNAP URNA MEHROTRA, ACCOUNTANT MEMBER ITA NO. 468 & 469/CHD/2015 (ASSESSMENT YEAR : 2004-05 & 2005-06) THE ITO VS M/S. SAKSHI PACKERS PVT. LTD. WARD 4 40 NEW PROFESSOR COLONY YAMUNANAGAR YAMUNANAGAR PAN NO. AAGCS0790Q (APPELLANT) (RESPONDENT) DEPARTMENT BY :SH. MANJIT SINGH ASSESSEE BY :SH. SUDHIR SEHGAL SH. ASHOK GOYAL DATE OF HEARING : 07.01.2016 DATE OF PRONOUNCEMENT : 07/01/2016 ORDER PER ANNAPURNA MEHROTRA , A.M BOTH THESE APPEALS FILED BY THE REVENUE AGAINST TH E ORDER OF THE LD. CIT(APPEALS), PANCHKULA, DT. 27/02/2015. 3. IT IS AN ADMITTED FACT THAT IN THESE APPEALS PRE FERRED BY THE REVENUE, THE TAX EFFECT DOES NOT EXCEED THE MONETARY LIMIT OF RS.10 LAKHS. THUS, IN VIEW OF CIRCULAR NO. 21/2015 DATED 10.12.2015, F.NO.279/MISC.142/200 7-ITJ(PT),GOVERNMENT OF INDIA, MINISTRY OF FINANCE, DEPARTMENT OF REVENUE, CENTRAL BOARD OF DIRECT TAXES, THE ABOVE APPEALS DESERVES TO BE TREATED AS WITHDRAWN/N OT PRESSED. VIDE PARA 10 OF THE ABOVE INSTRUCTIONS, THE CBDT HAS CLARIFIED THAT THIS INSTRUCTION WILL APPLY RETROSPECTIVELY TO PENDING APPEALS AND APPEALS TO B E FILED HENCEFORTH IN ITAT. THE CBDT HAS FURTHER CLARIFIED THAT THE PENDING APPEALS BEFORE THE TRIBUNAL BELOW THE 2 SPECIFIED TAX LIMITS I.E. RS.10 LAKHS MAY BE WITHDR AWN/NOT PRESSED BY THE REVENUE. THE ISSUE INVOLVED IN THIS APPEAL IS NOT COVERED BY THE PARA 8 (EXCEPTIONS) OF THE ABOVE INSTRUCTIONS. ACCORDINGLY THE APPEAL FILED BY THE REVENUE IS TREATED AS WITHDRAWN/NOT PRESSED. 4. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISM ISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 07/01/2016 SD/- SD/- (H.L. KARWA) (ANNAPURNA MEHROTRA) VICE PRESIDENT ACCOUNTANT MEMBER AG DATED 07/01/2016 COPY TO: 1.THE APPELLANT 2.THE RESPONDENT 3.THE CIT 4.THE CIT(A) 5.THE DR