DCIT, Ludhiana V. Sh. Ajit Singh Bindra, Ludhiana

ITA 808/CHANDI/2011

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 0065 (ITAT-CHANDIGARH)
• Duration Of Justice: 4 year(s) 8 month(s) 20 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 05-05-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 03-11-2015
• Assessment Year: 2007-2008
• Appeal Filed On: 16-08-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: MANJIT SINGH
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DIVISION BENCH, CHANDIGARH BEFORE SHRI H.L.KARWA, VICE PRESIDENT AND MS. RANO JAIN, ACCOUNTANT MEMBER ITA NO.808/CHD/2011 (ASSESSMENT YEAR : 2007-08) THE D.C.I.T. , VS. SH.AJIT SINGH BINDRA, CIRCLE-1, PROP.M/S BINDRA & CO., LUDHIANA. C-145-AM PHASE-V, FOCAL POINT, LUDHIANA. PAN: ABBPB9348N AND C.O.NO.70/CHD/2011 IN ITA NO.808/CHD/2011 (ASSESSMENT YEAR : 2007-08) SH.AJIT SINGH BINDRA, VS. THE D.C.I.T. , PROP.M/S BINDRA & CO., CIRCLE-1, C-145-AM PHASE-V, LUDHIANA. FOCAL POINT, LUDHIANA. PAN: ABBPB9348N (APPELLANT) (RESPONDENT) ASSESSEE BY : SHRI HARRY RIKHY DEPARTMENT BY : SHRI MANJIT SINGH, DR DATE OF HEARING : 04.05.2016 DATE OF PRONOUNCEMENT : 05.05.2016 O R D E R PER RANO JAIN, A.M . : THE APPEAL FILED BY THE REVENUE IS DIRECTED AGAIN ST THE ORDER OF LEARNED COMMISSIONER OF INCOME TAX (A PPEALS)-II, 2 LUDHIANA DATED 16.6.2011 FOR ASSESSMENT YEAR 2007-0 8. THE ASSESSEE HAS FILED CROSS OBJECTIONS AGAINST THE SAME. 2. WE WILL FIRST TAKE UP THE APPEAL OF THE REVENUE IN ITA NO.808/CHD2011 ITA NO.808/CHD/2014 : 3. IT IS STATED THAT IN THE PRESENT APPEAL THE TAX EFFECT IS LESS THAN THE PRESCRIBED LIMIT PROVIDED B Y THE RECENT CBDT CIRCULAR. 4. 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 T AX 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. 5. ADMITTEDLY, IN THE DEPARTMENTAL APPEAL, THE TAX EFFECT IS LESS THAN RS.10 LACS, THEREFORE, DEPARTM ENTAL APPEAL 3 IS NOT MAINTAINABLE. THE LEARNED CIT (APPEALS) DEC IDED 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. 6. IN VIEW OF THE ABOVE, LEARNED D.R. 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. 7. THE APPEAL OF THE DEPARTMENT IS DISMISSED. C.O.NO.70/CHD/2011 : 8. DURING THE COURSE OF HEARING, THE LEARNED COUNSEL FOR THE ASSESSEE SEEKS THE PERMISSION OF TH E BENCH TO WITHDRAW CROSS OBJECTION. 9. THE LEARNED D.R. DID NOT HAVE OBJECTION AGAINST THE SAME. 10. IN VIEW OF THE ABOVE, THE CROSS OBJECTION FILED BY THE ASSESSEE S DISMISSED AS WITHDRAWN. 11. IN THE RESULT, THE DEPARTMENTAL APPEAL IS DISM ISSED 4 AND THE CROSS OBJECTION OF THE ASSESSEE IS DISMISSE D AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT ON THIS 5 TH DAY OF MAY, 2016. SD/- SD/- (H.L.KARWA) (RANO JAIN) VICE PRESIDENT ACCOUNTANT MEMBER DATED : 5 TH MAY, 2016 *RATI* COPY TO: THE APPELLANT/THE RESPONDENT/THE CIT(A)/THE CIT/THE D R. ASSISTANT REGISTRAR, ITAT, CHANDIGARH