ACIT, Circle-1(1), Chandigarh V. M/s Knox Life Sciences, Chandigarh

ITA 643/CHANDI/2022

AI Insights

The case involves an appeal by the Revenue against the order of the CIT(A)/NFAC, Delhi, dated 29.07.2022, concerning the assessment year 2013-14. The appeal was filed by the ACIT, Circle \\u2013 1(1), Chandigarh against M/s Knox Life Sciences. The primary contention in the appeal was the tax effect, which amounted to Rs. 5,24,994. According to the CBDT Circular dated 08.08.2019, the monetary limit for filing an appeal by the Revenue before the ITAT is set at Rs. 50 lacs. Since the tax effect in this case was below the stipulated limit, the appeal was dismissed as not maintainable.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 127481 (ITAT-CHANDIGARH)
• Duration Of Justice: 5 month(s) 29 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 27-03-2023
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 26-03-2023
• Assessment Year: 2013-2014
• Appeal Filed On: 28-09-2022
• 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 ‘A’ CHANDIGARH BEFORE: SHRI A.D.JAIN, VICE PRESIDENT AND SHRI VIKRAM SINGH YADAV, ACCOUNTANT MEMBER आयकर अपील सं./ ITA No. 643/CHD/2022 नधा रण वष / Assessment Year : 2013-14 The ACIT, Circle – 1(1), Chandigarh. बनाम VS M/s Knox Life Sciences, 421, Industrial Area-II, Chandigarh. थायी लेखा सं./PAN /TAN No: AAHFK7737P अपीलाथ /Appellant यथ /Respondent राज व क ओर से/ Revenue by : Smt. Amanpreet Kaur, Sr.DR नधा रती क ओर से/Assessee by : Shri Tej Mohan Singh, Advocate तार"ख/Date of Hearing : 27.03.2023 उदघोषणा क तार"ख/Date of Pronouncement : 28.03.2023 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 29.07.2022 pertaining to 2013-14 assessment year. 2. Heard both the parties and perused the material available on record. 3. It is noted that the tax effect involved in the present appeal is Rs.5,24,994/-. 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 643/CHD/2022 A.Y.2013-14 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 28 th March,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