ACIT, Chandigarh V. Sh. Vijay Passi, Chandigarh

ITA 810/CHANDI/2017

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 1222 (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: 2012-2013
• Appeal Filed On: 11-05-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ANKUR ALYA
• Assessee Lawyers: ATUL MANDHAR
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DIVISION BENCHES B, CHANDIGARH BEFORE MS. DIVA SINGH, JUDICIAL MEMBER AND MS. ANNAPURNA GUPTA,ACCOUNTANT MEMBER ITA NO. 810 & 811/CHD/2017 ASSESSMENT YEAR: 2012-13 & 2013-14 THE ACIT, VS SHRI VIJAY PASSI, CIRCLE 2(1), 177E, INDUSTRIAL AREA, CHANDIGARH. PHASE-1, CHANDIGARH. PAN : ADRPP0345F (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI ANKUR ALYA, JCIT (DR) RESPONDENT BY : SHRI ATUL MANDHAR, CA DATE OF HEARING : 07.08.2018 DATE OF PRONOUNCEMENT : 04.09.2018 ORDER PER BENCH THE PRESENT APPEALS HAVE BEEN FILED BY THE REVENUE ASSAILING THE CORRECTNESS OF THE SEPARATE ORDER DATED 07.02.2017 OF CIT(A)-I CHANDIG ARH PERTAINING TO THE 2012-13 AND 2013- 14 ASSESSMENT YEARS ON IDENTICAL GROUNDS. 2. THE APPEALS HAVE BEEN HEARD ON AN EARLIER DATE, HOWEVER NOTICING THE FACT THAT THE TAX EFFECT INVOLVED IN THESE APPEALS IS BELOW THE LIMIT OF RS. 20 LACS, THE APPEALS WERE DIRECTED TO BE LISTED TO ENABLE THE PARTIES TO ADDRESS THE ISSU ES. THE LD. SR.DR AND LD.AR AGREED THAT THE TAX EFFECT INVOLVED IN THE TWO SEPARATE APPEALS IS MUCH BELOW RS. 20 LACS IN TERMS OF CBDT CIRCULAR NO. 3/2018 DATED 11.07.2018 BY. WE NOTICE THAT THE SAID CIRCULAR IS RETROSPECTIVE. ACCORDINGLY, THE APPEALS OF THE REVENUE ARE DISMISS ED AS HAVING BEEN FILED CONTRARY TO THE CBDT CIRCULAR BY WHICH THE TAX AUTHORITIES ARE BOUN D. SAID ORDER WAS PRONOUNCED IN THE OPEN COURT AT THE TIME OF HEARING ITSELF. 3. IN THE RESULT, THE APPEALS OF THE REVENUE ARE DI SMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 04.09. 2018. SD/- SD/- (ANNAPURNA GUPTA) (DIVA SINGH) ACCOUNTANT MEMBER JUDICIAL ME MBER POONAM COPY TO: 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT 4. THE CIT(A) 5. THE DR ASSTT. REGISTRAR ITAT,CHANDIGARH.