DCIT, Ambala V. M/s Partap Extraction Limited, Ambala City

ITA 544/CHANDI/2015

• Counselvise Citation: [2016] 121 COUNSELVISE.COM (IT) 2513 (ITAT-CHANDIGARH)
• Duration Of Justice: 7 month(s) 17 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 05-01-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 22-12-2015
• Assessment Year: 2009-2010
• Appeal Filed On: 19-05-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: MANJIT SINGH
• Assessee Lawyers: HARDESH KANT JINDAL
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DIVISION BENCH, CHANDIGARH BEFORE SHRI H.L.KARWA, VICE PRESIDENT AND MS. RANO JAIN, ACCOUNTANT MEMBER ITA NO.544/CHD/2015 (ASSESSMENT YEAR : 2009-10) THE D.C.I.T. , VS. M/S PARTAP EXTRACTION LIMITED, CIRCLE AMBALA. VILLAGE NASIRPUR, HISAR ROAD, AMBALA CITY. PAN: AAACP7045H AND C.O.NO.35/CHANDI/2015 IN ITA NO.544/CHD/2015 (ASSESSMENT YEAR : 2009-10) M/S PARTAP EXTRACTION LIMITED, VS. THE D.C.I.T. , VILLAGE NASIRPUR, HISAR ROAD, CIRCLE AMBALA. AMBALA CITY. PAN: AAACP7045H (APPELLANT) (RESPONDENT) ASSESSEE BY : SHRI HARDESH KANT JINDAL DEPARTMENT BY : SHRI MANJIT SINGH, DR DATE OF HEARING : 22.12.2015 DATE OF PRONOUNCEMENT : 05.01.2016 O R D E R PER RANO JAIN, A.M . : THE APPEAL FILED BY THE REVENUE IS DIRECTED AGAINST THE ORDER OF LEARNED COMMISSIONER OF INCO ME TAX (APPEALS), PANCHKULA DATED 20.3.2015 FOR ASSESSMENT YEAR 2 2009-10. THE ASSESSEE HAS FILED CROSS OBJECTIONS A GAINST THE SAME. 2. IT IS STATED THAT IN THE PRESENT APPEAL THE TAX EFFECT IS LESS THAN THE PRESCRIBED LIMIT PROVIDED BY THE R ECENT CBDT CIRCULAR. 3. ACCORDING TO CIRCULAR NO.21/2015 DATED 10.12.2015, THE CBDT IN SUPERCESSION OF EARLIER INS TRUCTIONS HAS DIRECTED THAT DEPARTMENTS APPEALS BEFORE ITAT SHALL NOT BE FILED IN CASES WHERE THE TAX EFFECT DOES NOT EXC EED THE MONETARY LIMIT OF RS.10 LACS. THE TAX WILL NOT INC LUDE ANY INTEREST THEREON. IT IS FURTHER CLARIFIED THAT IF IN THE CASE OF AN ASSESSEE, DISPUTED ISSUES ARISE IN MORE THAN ONE AS SESSMENT YEAR, APPEAL CAN BE FILED IN RESPECT OF SUCH ASSESS MENT YEAR OR YEARS IN WHICH THE TAX EFFECT IN RESPECT OF DISPUTE D ISSUES EXCEEDS THE MONETARY LIMIT SO SPECIFIED. THIS INST RUCTION WILL APPLY RETROSPECTIVELY TO PENDING APPEALS AND APPEAL S TO BE FILED HENCEFORTH BEFORE THE TRIBUNAL. THE PENDING A PPEALS BELOW THE SPECIFIED TAX LIMIT MAY BE WITHDRAWN/NOT PRESSED. 4. ADMITTEDLY, IN THE DEPARTMENTAL APPEAL, THE TAX EFFECT IS LESS THAN RS.10 LACS, THEREFORE, DEPARTME NTAL APPEAL IS NOT MAINTAINABLE. THE LEARNED CIT (APPEALS) DEC IDED THE ISSUE IN DEPARTMENTAL APPEAL ON FACTS AND THE CASE OF THE REVENUE WOULD NOT FALL IN THE EXCEPTIONS PROVIDED I N THE ABOVE CIRCULAR. 5. IN VIEW OF THE ABOVE, LEARNED D.R. STATED THAT SINCE DEPARTMENTAL APPEAL IS FILED AGAINST THE CBDT INSTR UCTIONS, 3 THEREFORE, HE WOULD NOT BE PRESSING DEPARTMENTAL AP PEAL. THEREFORE, THE ABOVE DEPARTMENTAL APPEAL IS DISMISS ED BEING NOT PRESSED. 6. THE CROSS OBJECTION IS WITHDRAWN ON BEHALF OF T HE ASSESSES. ENDORSEMENT TO THAT EFFECT HAS BEEN MADE THEREON. 7. IN THE RESULT, THE DEPARTMENTAL APPEAL AND CROS S OBJECTION ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON THIS 5 TH DAY OF JANUARY, 2016. SD/- SD/- (H.L. KARWA) (RANO JAIN) VICE PRESIDENT ACCOUNTANT MEMBER DATED : 5 TH JANUARY, 2016 *RATI* COPY TO: THE APPELLANT/THE RESPONDENT/THE CIT(A)/THE CIT/THE DR. ASSISTANT REGISTRAR, ITAT, CHANDIGARH