ITO, Sangrur V. M/s Ram Partap Jit Pal Saraf Pvt. Ltd., Sangrur

ITA 714/CHANDI/2016

• Counselvise Citation: [2016] 121 COUNSELVISE.COM (IT) 3839 (ITAT-CHANDIGARH)
• Duration Of Justice: 5 month(s) 28 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 01-12-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: Not Allotted
• Assessment Year: 2007-2008
• Appeal Filed On: 03-06-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: S K MITTAL
• Assessee Lawyers: N K GARG
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL SMC BENCH,CHANDIGARH BEFORE SHRI BHAVNESH SAINI, JUDICIAL MEMBER ITA NO. 714/CHD/2016 ASSESSMENT YEARS: 2007-08 THE ITO, VS M/S RAM PARTAP JIT PAL WARD SANGRUR. SARAF (P) LTD., SADAR BAZAR, SANGRUR. PAN: AADCR5431N & C.O. 22/CHD/2016 IN ITA NO. 714/CHD/2016 ASSESSMENT YEARS: 2007-08 M/S RAM PARTAP JIT PAL VS THE ITO, SARAF (P) LTD., SADAR BAZAR, WARD - SANG RUR. SANGRUR. PAN: AADCR5431N (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI S.K.MITTAL RESPONDENT BY : SHRI N.K.GARG DATE OF HEARING : 01.12.2016 DATE OF PRONOUNCEMENT : 01.12.2016 O R D E R PER BHAVNESH SAINI,JM THE DEPARTMENTAL APPEAL AS WELL AS CROSS OBJECTION BY ASSESSEE ARE DIRECTED AGAINST THE ORDER OF LD. CIT(APPEALS), PATIALA DATED 04.03.2016 FOR ASSESSME NT YEAR 2007-08. IN THE DEPARTMENTAL APPEAL, REVENUE CHALLENGED THE DELETION OF ADDITION OF RS. 31,50,00 0/-. THE ASSESSEE IN THE CROSS OBJECTION CHALLENGED CONFIRMATION OF RE-OPENING OF THE ASSESSMENT UNDER SECTION 147/148 OF THE INCOME TAX ACT. 2 2. ACCORDING TO CIRCULAR NO. 21/2015 DATED 10.12.2015, THE CBDT IN SUPERCESSION OF EARLIER INSTRUCTIONS HAS DIRECTED THAT DEPARTMENTS APPEALS BEFORE ITAT SHALL NOT BE FILED IN CASES WHERE THE TAX EFFE CT DOES NOT EXCEED THE MONETARY LIMIT OF RS. 10 LACS. THE TAX WILL NOT INCLUDE ANY INTEREST THEREON. IT IS FURTHER CL ARIFIED THAT IF IN THE CASE OF AN ASSESSEE, DISPUTED ISSUES ARISE IN MORE THAN ONE ASSESSMENT YEAR, APPEAL CAN BE FILED IN RESPECT OF SUCH ASSESSMENT YEAR OR YEARS IN WHICH T HE TAX EFFECT IN RESPECT OF DISPUTED ISSUES EXCEEDS THE MO NETARY LIMIT SO SPECIFIED. THIS INSTRUCTION WILL APPLY RETROSPECTIVELY TO PENDING APPEALS AND APPEALS TO B E FILED HENCEFORTH BEFORE THE TRIBUNAL. THE PENDING APPEALS BELOW THE SPECIFIED TAX LIMIT MAY BE WITHDRAWN/NOT PRESSE D. 3. ADMITTEDLY, IN THE DEPARTMENTAL APPEAL, THE TAX EFFECT IS LESS THAN RS. 10 LACS, THEREFORE, DEPARTM ENTAL APPEAL IS NOT MAINTAINABLE. THE LD. CIT(APPEALS) D ECIDED THE ISSUE IN DEPARTMENTAL APPEAL ON FACTS AND THE C ASE OF THE REVENUE WOULD NOT FALL IN THE EXCEPTIONS PROVID ED IN THE ABOVE CIRCULAR. 4. IN VIEW OF THE ABOVE, LD. DR STATED THAT SINCE DEPARTMENTAL APPEAL IS FILED AGAINST THE CBDT INSTRUCTIONS, THEREFORE, HE WOULD NOT BE PRESSING DEPARTMENTAL APPEAL. THEREFORE, THE ABOVE DEPARTME NTAL APPEAL IS DISMISSED BEING NOT PRESSED. 3 5. THE LD. COUNSEL FOR THE ASSESSEE SEEKS PERMISSIO N TO WITHDRAW THE CROSS OBJECTION. 6. IN VIEW OF THE ABOVE DISCUSSION, THE DEPARTMENTA L APPEAL AS WELL AS CROSS OBJECTION OF THE ASSESSEE A RE DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT. SD/- (BHAVNESH SAINI) JUDICIAL MEMBER DATED: 1 ST DECEMBER,2016. POONAM COPY TO: 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT(A) 4. THE CIT,DR ASSISTANT REGISTRAR, ITAT/CHD