ACIT, Chandigarh V. M/s Snowview Automobiles Pvt. Ltd., Chandigarh

ITA 808/CHANDI/2017

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 1585 (ITAT-CHANDIGARH)
• Duration Of Justice: 1 year(s) 3 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 04-09-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: Not Allotted
• Assessment Year: 2011-2012
• Appeal Filed On: 11-05-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: MANJIT SINGH
• Keywords: Question of law; Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL CHANDIGARH BENCHES, B CHANDIGARH BEFORE SHRI SANJAY GARG, JUDICIAL MEMBER & MS. ANNAPURNA GUPTA, ACCOUNTANT MEMBER ITA NOS. 808 & 809/CHD/2017 ASSESSMENT YEARS: 2011-12 & 2013-14 THE ACIT, VS. M/S SNOWVIEW AUTOMOBILES PVT. LT D., CIRCLE 2 (1), PLOT NO.26, IND. AREA, PHASE-1, CHANDIGARH CHANDIGARH PAN NO. AAHCS6601D (APPELLANT) (RESPONDENT) APPELLANT BY : SH. MANJIT SINGH, SR.DR RESPONDENT BY : SH. PRIKSHIT AGGARWAL, CA DATE OF HEARING : 28.08.2018 DATE OF PRONOUNCEMENT : 04.09.2018 ORDER PER BENCH : THE PRESENT APPEALS HAVE BEEN PREFERRED BY THE REVE NUE AGAINST THE SEPARATE ORDERS OF THE COMMISSIONER OF INCOME TAX ( APPEALS)-1, CHANDIGARH [HEREINAFTER REFERRED TO AS CIT(A)] DATED 28.2.2017 . 2. AT THE OUTSET, THE LD. AUTHORISED REPRESENTATIVE OF THE ASSESSEE SUBMITTED THAT THE TAX EFFECT INVOLVED IN THE PRES ENT CASES IS LESS THAN RS. 20 LACS. THE LD. DR HAS ALSO FAIRLY ADMITTED THAT CBDT CIRCULAR NO. 3/2018 IS APPLICABLE TO THESE APPEALS, HENCE, THESE APPEALS OF THE REVENUE ARE LIABLE TO BE DISMISSED. 2 ITA NOS. 809 & 810/CHD/2017- SNOWVIEAW AUTOMOBILES PVT LTAD., CHANDIGARH 3. IT MAY BE NOTED THAT CBDT VIDE CIRCULAR NO. 3/20 18 DATED 11.07.2018 HAS REVISED THE MONETARY LIMIT UPTO RS.20 LACS FOR FILING APPEALS BY THE DEPARTMENT BEFORE THE TRIBUNAL AND FURTHER VIDE PAR A 13 OF THE SAID CIRCULAR IT HAS BEEN CLARIFIED THAT SAID CIRCULAR IS APPLICABLE RETROSPECTIVELY TO THE PENDING APPEALS ALSO. THE HONBLE 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 OF THE HON'BLE SUPREME COURT IN THE CASE O F CIT VS. DHANALEKSHMI BANK LTD. (2015) 373 ITR 526 (SC), HAS DISMISSED T HE APPEAL OF THE REVENUE WITHOUT GOING INTO THE MERITS DUE TO LOW TAX EFFECT LEAVING THE QUESTION OF LAW OPEN. IN VIEW OF THE CBDT CIRCULAR NO. 03/2018 (SU PRA) AND IN THE LIGHT OF THE ABOVE REFERRED TO DECISION OF THE HON'BLE JURIS DICTIONAL PUNJAB & HARYANA HIGH COURT (SUPRA), THE PRESENT APPEALS OF THE REVE NUE ARE 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 OPEN TO B E ADJUDICATED IN AN APPROPRIATE CASE. ORDER PRONOUNCED IN THE OPEN COURT. SD/- SD/- (ANNAPURNA GUPTA) (SANJAY GARG) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED : 04.09.2018 RKK COPY TO: 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT 4. THE CIT(A) 5. THE DR 3 ITA NOS. 809 & 810/CHD/2017- SNOWVIEAW AUTOMOBILES PVT LTAD., CHANDIGARH