ACIT, Chandigarh V. Manoj Kumar Sharma, Chandigarh

ITA 681/CHANDI/2011

• Counselvise Citation: [2016] 131 COUNSELVISE.COM (IT) 9111 (ITAT-CHANDIGARH)
• Duration Of Justice: 5 year(s) 2 month(s) 26 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 06-09-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 06-09-2016
• Assessment Year: 2006-2007
• Appeal Filed On: 10-06-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: S K MITTAL
• Assessee Lawyers: AMRINDER SINGH
• Keywords: Tax effect

Judgement Text

1 IN THE INCOME TAX APPELLATE TRIBUNAL CHANDIGARH BENCHES, CHANDIGARH BEFORE SHRI I.C. SUDHIR, JUDICIAL MEMBER & SHRI OM PRAKASH KANT, ACCOUNTANT MEMBER ITA NO. 681/CHD/2011 ASSESSMENT YEAR: 2006-07 THE ACIT, VS. SH. MANOJ KUMAR SHARMA, WARD 5(1), CHANDIGARH CHANDIGARH PAN NO. AOKPS0019K (APPELLANT) (RESPONDENT) APPELLANT BY : SH. S.K. MITTAL RESPONDENT BY : SH. AMRINDER SINGH DATE OF HEARING : 06.09.2016 DATE OF PRONOUNCEMENT : 06.09.2016 ORDER PER OM PRAKASH KANT, AM THE PRESENT APPEAL HAS BEEN PREFERRED BY THE REVENU E AGAINST THE ORDER OF CIT(A), CHANDIGARH DATED 30.03.2011 RELATING TO ASS ESSMENT YEAR 2006-07. 2. WE HAVE HEARD SH. S.K. MITTAL, LD. DR AND SHRI A MRINDER SINGH, LD. COUNSEL FOR 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 OF CIRCULAR NO. 21/2015 DATED 10.12.2015, F.NO. 279/MISC.142/2007-I TJ(PT), GOVERNMENT. OF INDIA, MINISTRY OF FINANCE, DEPARTMENT OF REVENUE, CENTRAL BOARD OF DIRECT TAXES, THE INSTANT APPEAL DESERVES TO BE TREATED AS WITHDRAWN / NOT PRESSED. VIDE PARA 10 OF THE ABOVE INSTRUCTIONS, THE CBDT HA S CLARIFIED THAT THIS 2 INSTRUCTION WILL APPLY RETROSPECTIVELY TO PENDING A PPEALS AND APPEALS TO BE FILED HENCEFORTH IN ITAT. THE CBDT HAS FURTHER CLARIFIED THAT THE PENDING APPEALS BEFORE THE TRIBUNAL BELOW THE SPECIFIED TAX LIMITS I.E. RS. 10 LAKHS MAY BE WITHDRAWN / NOT PRESSED BY THE REVENUE. IT IS ALSO OBSERVED THAT THE ISSUE INVOLVED IN THIS APPEAL IS NOT COVERED BY PARA 8 (E XCEPTIONS) OF THE ABOVE INSTRUCTIONS. ACCORDINGLY, THE APPEAL FILED BY THE REVENUE IS TREATED AS WITHDRAWN / NOT PRESSED. 3.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 06.09.2016 SD/- SD/- (I.C.SUDHIR) (OM PRAKASH KANT) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED : 6 TH SEPTEMBER, 2016 RKK COPY TO: 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT 4. THE CIT(A) 5. THE DR 3