ITO, Nabha V. M/s Golden Food Products, Nabha

ITA 680/CHANDI/2016

• Counselvise Citation: [2018] 122 COUNSELVISE.COM (IT) 5346 (ITAT-CHANDIGARH)
• Duration Of Justice: 2 year(s) 4 month(s) 2 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 04-10-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: Not Allotted
• Assessment Year: 2010-2011
• Appeal Filed On: 02-06-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL DIVISION BENCH, B, CHANDIGARH , . '.., # $, %& BEFORE SHRI SANJAY GARG, JUDICIAL MEMBER AND DR. B.R.R.KUMAR, ACCOUNTANT MEMBER ./ ITA NO. 680/CHD/2016 '( ) / ASSESSMENT YEAR : 2010-11 THE ITO, NABHA '($ M/S GOLDEN FOOD PRODUCTS, VILL.DULLADI, TEHSIL NABHA * %& ./PAN NO: AAEFG2588H *+/ APPELLANT -.*+ /RESPONDENT (APPEAL AGAINST THE ORDER OF CIT(A), PATIALA DATED 23.3.2016 & ./ ITA NO. 282/CHD/2016 '( ) / ASSESSMENT YEAR : 2013-14 THE ITO, NABHA '($ M/S GOLDEN FOOD PRODUCTS, VILL.DULLADI, TEHSIL NABHA * %& ./PAN NO: AAEFG2588H ( APPEAL AGAINST THE ORDER OF CIT(A) , LUDHIANA D ATED 2.12.2017) *+ /APPELLANT -.*+ /RESPONDENT /ASSESSEE BY : SMT. CHANDERKANTA, SR.DR / REVENUE BY : SH. ASHOK GOYAL, CA /DATE OF HEARING : 17.09.2018 /DATE OF PRONOUNCEMENT : 04.10. 2018 %// ORDER PER BENCH: THE CAPTIONED APPEALS HAVE BEEN PREFERRED BY THE AS SESSEE AGAINST THE SEPARATE ORDERS OF THE COMMISSIONER OF INCOME TAX (A) [HEREINAFTER REFERRED TO AS CIT(A)] 2. AT THE OUTSET, THE LD. COUNSEL OF THE ASSESSEE S UBMITTED THAT THE TAX EFFECT INVOLVED IN THE PRESENT APPEALS IS LESS THAN RS. 20 LACS. THE LD. DR ITA NO. 680/CHD/2016 & 282/CHD/2016- M/S GOLDEN FOOD PRODUCTS, TEHSIL NABHA. 2 HAS ALSO FAIRLY ADMITTED THAT CBDT CIRCULAR NO. 3/2 018 IS APPLICABLE TO THIS APPEALS, HENCE, THIS APPEALS OF THE REVENUE AR E LIABLE TO BE DISMISSED. 3. IT MAY BE NOTED THAT CBDT VIDE CIRCULAR NO. 3/20 18 DATED 11.07.2018 HAS REVISED THE MONETARY LIMIT UPTO RS.2 0 LACS FOR FILING APPEALS BY THE DEPARTMENT BEFORE THE TRIBUNAL AND F URTHER VIDE PARA 13 OF THE SAID CIRCULAR IT HAS BEEN CLARIFIED THAT SAID C IRCULAR IS APPLICABLE RETROSPECTIVELY TO THE PENDING APPEALS ALSO. THE H ONBLE PUNJAB & HARYANA HIGH COURT IN THE CASE OF PRINCIPAL CIT OF INCOME TAX VS. SURINDER KUMAR SINGHAL ITA NO 406-2016 (O&M) VIDE ORDER DATED 30.1.2017 WHILE FURTHER RELYING UPON THE DECISION O F THE HON'BLE SUPREME COURT IN THE CASE OF CIT VS. DHANALEKSHMI BANK LTD . (2015) 373 ITR 526 (SC), HAS DISMISSED THE APPEAL OF THE REVENUE W ITHOUT GOING INTO THE MERITS DUE TO LOW TAX EFFECT LEAVING THE QUESTION O F LAW OPEN. IN VIEW OF THE CBDT CIRCULAR NO. 03/2018 (SUPRA) AND IN THE LI GHT OF THE ABOVE REFERRED TO DECISION OF THE HON'BLE JURISDICTIONAL PUNJAB & HARYANA HIGH COURT (SUPRA), THE PRESENT APPEALS OF THE REVENUE A RE DISMISSED DUE TO LOW TAX EFFECT. IT IS, HOWEVER, CLARIFIED THAT THE DISMISSAL OF THE ABOVE APPEALS SHALL NOT BE TAKEN TO BE AFFIRMATION OF THE ORDERS OF THE CIT(A) ON MERITS. THE LEGAL ISSUE RAISED BY THE REVENUE IS BEING LEFT OPE N TO BE ADJUDICATED IN AN APPROPRIATE CASE. ORDER PRONOUNCED IN THE OPEN COURT ON 04.10.2018 SD/- SD/- '.., # $ ( B.R.R. KUMAR) %& / ACCOUNTANT MEMBER (SANJAY GARG ) / JUDICIAL MEMBER DATED : 4.10.2018 RKK ITA NO. 680/CHD/2016 & 282/CHD/2016- M/S GOLDEN FOOD PRODUCTS, TEHSIL NABHA. 3 !'# $%' / COPY OF THE ORDER FORWARDED TO : 1. $#!&' / THE APPELLANT 2. ()&' / THE RESPONDENT 3. ) ) * / CIT 4. ) ) * ( $#! )/ THE CIT(A) 5. '+,) - , ) $#!) - , ./0,1 / DR, ITAT, CHANDIGARH 6. ,0 2! / GUARD FILE / BY ORDER, 3) #4 / ASSISTANT REGISTRAR