DCIT, Chandigarh V. M/s Creative Capital Services Pvt. Ltd., New Delhi

ITA 607/CHANDI/2015

• Counselvise Citation: [2016] 131 COUNSELVISE.COM (IT) 9105 (ITAT-CHANDIGARH)
• Duration Of Justice: 1 year(s) 3 month(s) 13 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-09-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 15-09-2016
• Assessment Year: 2009-2010
• Appeal Filed On: 03-06-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: RAVI SARANGA L
• Keywords: Tax effect

Judgement Text

1 IN THE INCOME TAX APPELLATE TRIBUNAL CHANDIGARH BENCHES, CHANDIGARH BEFORE SMT. DIVA SINGH, JUDICIAL MEMBER & SHRI OM PRAKASH KANT, ACCOUNTANT MEMBER ITA NO. 607/CHD/2015 ASSESSMENT YEAR: 2009-10 THE DCIT, VS. M/S CREATIVE CAPITAL SERVICES PVT. LTD., CENTRAL CIRCLE-1, NEW DELHI CHANDIGARH PAN NO. AAACC5540L (APPELLANT) (RESPONDENT) APPELLANT BY : SH. RAVI SARANGAL, CIT-DR RESPONDENT BY : NONE DATE OF HEARING : 15.09.2016 DATE OF PRONOUNCEMENT : 16.09.2016 ORDER PER OM PRAKASH KANT, AM THE PRESENT APPEAL HAS BEEN PREFERRED BY THE REVENU E AGAINST THE ORDER OF PRINCIPAL CIT (OSD), GURGAON DATED 31.03.2015 RELAT ING TO ASSESSMENT YEAR 2009-10. 2. WE HAVE HEARD SH. RAVI SARANGAL, LD. CIT-DR. NON E APPEARED ON BEHALF OF THE ASSESSEE. IT IS OBSERVED THAT IN THIS CASE THE TAX EFFECT DOES NOT EXCEED THE MONETARY LIMIT OF RS. 10 LAKHS. THUS, IN VIEW O F CIRCULAR NO. 21/2015 DATED 10.12.2015, F.NO. 279/MISC.142/2007-ITJ(PT), GOVERN MENT. OF INDIA, MINISTRY OF FINANCE, DEPARTMENT OF REVENUE, CENTRAL BOARD OF DIRECT TAXES, THE INSTANT APPEAL DESERVES TO BE TREATED AS WITHDRAWN / NOT PR ESSED. VIDE PARA 10 OF THE ABOVE INSTRUCTIONS, THE CBDT HAS CLARIFIED THAT THI S INSTRUCTION WILL APPLY 2 RETROSPECTIVELY TO PENDING APPEALS AND APPEALS TO B E FILED HENCEFORTH IN ITAT. THE CBDT HAS FURTHER CLARIFIED THAT THE PENDING APP EALS BEFORE THE TRIBUNAL BELOW THE SPECIFIED TAX LIMITS I.E. RS. 10 LAKHS MA Y BE WITHDRAWN / NOT PRESSED BY THE REVENUE. IT IS ALSO OBSERVED THAT THE ISSUE INVOLVED IN THIS APPEAL IS NOT COVERED BY PARA 8 (EXCEPTIONS) OF THE ABOVE INSTRUC TIONS. ACCORDINGLY, THE APPEAL FILED BY THE REVENUE IS TREATED AS WITHDRAWN / NOT PRESSED. 3. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISM ISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 16.09.2016 SD/- SD/- (DIVA SINGH) (OM PRAKASH KANT) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED : 16 TH SEPTEMBER, 2016 RKK COPY TO: 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT 4. THE CIT(A) 5. THE DR 3