ITO, Ward, Mandi V. Sh. Nipun Malhotra, Mandi

ITA 497/CHANDI/2022

AI Insights

The case involves an appeal by the Revenue against the order of the CIT(A)/NFAC, Delhi, dated 09.11.2021, concerning the assessment year 2011-12. The appeal was dismissed by the Income Tax Appellate Tribunal, Chandigarh, due to the tax effect being below the monetary limit set by the CBDT circular. The Revenue did not present any arguments during the hearing, and the tribunal decided based on the monetary threshold specified in the circular. The tribunal also clarified that the dismissal of the appeal should not be construed as an affirmation of the CIT(A)'s order on merits.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 127500 (ITAT-CHANDIGARH)
• Duration Of Justice: 1 year(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 05-06-2023
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 04-06-2023
• Assessment Year: 2011-2012
• Appeal Filed On: 29-05-2022
• Laws Referred To: CBDT Circular dated 08.08.2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect

Judgement Text

आयकर अपील य अ धकरण,च डीगढ़ यायपीठ , च डीगढ़ IN THE INCOME TAX APPELLATE TRIBUNAL, CHANDIGARH BENCH ‘B’ CHANDIGARH BEFORE: SHRI A.D.JAIN, VICE PRESIDENT AND SHRI VIKRAM SINGH YADAV, ACCOUNTANT MEMBER आयकर अपील सं./ ITA No. 497/CHD/2022 नधा रण वष / Assessment Year : 2011-12 The ITO, Mandi. बनाम VS Shri Nipun Malhotra, H.No. 135/1, Shri Goverdhan Niwas, Jawahar Nagar, Mandi, Distt. Mandi. थायी लेखा सं./PAN /TAN No: ABLPM6589N अपीलाथ /Appellant यथ /Respondent राज व क ओर से/ Revenue by : None नधा रती क ओर से/Assessee by : Shri Dharamvir, JCIT, Sr.DR तार"ख/Date of Hearing : 05.06.2023 उदघोषणा क तार"ख/Date of Pronouncement : 06.06.2023 आदेश/ORDER PER VIKRAM SINGH YADAV,A.M. The present appeal has been filed by the Revenue against the order of the CIT(A)/NFAC, Delhi dated 09.11.2021 pertaining to 2011-12 assessment year. 2. None appeared on behalf of the assessee. Heard ld. Sr.DR and perused the material available on record. 3. It is noted that the tax effect involved in the present appeal is Rs.38,21,570/-. Accordingly, in terms of the CBDT Circular dated 08.08.2019 wherein the Department has specified the monetary limit for an appeal to be filed by the Revenue before the ITA 497/CHD/2022 A.Y.2011-12 Page 2 of 2 ITAT as Rs. 50 lacs, the appeal so filed by the Revenue is not maintainable. 4. In view of the above facts and circumstances, the present appeal filed by the Department is dismissed due to low tax effect with a liberty to seek recall in case the matter falls under any of the exceptions so carved out in the aforesaid circular. 5. It is, however, clarified that the dismissal of the above appeal shall not be taken to be affirmation of the order of the CIT(A) on merits. The legal issue raised by the Revenue is being left open to be adjudicated in an appropriate case. 6. In the result the appeal of the Revenue is dismissed. Order pronounced in the Open Court on 06 th June, 2023. Sd/- Sd/- (A.D.JAIN ) (VIKRAM SINGH YADAV) VICE PRESIDENT ACCOUNTANTMEMBER “Poonam” आदेश क琉 灹ितिलिप अ灡ेिषत/ Copy of the order forwarded to : 1. अपीलाथ牸/ The Appellant 2. 灹瀄यथ牸/ The Respondent 3. आयकर आयु猴/ CIT 4. िवभागीय 灹ितिनिध, आयकर अपीलीय आिधकरण, च瀃डीगढ़/ DR, ITAT, CHANDIGARH 5. गाड榁 फाईल/ Guard File आदेशानुसार/ By order, सहायक पंजीकार/ Assistant Registrar