ITO, Ward-3, Panchkula V. Sh. Sohan Lal HUF, Panchkula

ITA 85/CHANDI/2023

AI Insights

This case involves an appeal by the Revenue against the order of the Ld. CIT(A)/NFAC, Delhi dated 29/12/2022 for the Assessment Year 2017-18. The appeal was dismissed by the Income Tax Appellate Tribunal, Chandigarh, due to the tax effect being below the threshold set by the CBDT Circular of 08.08.2019. The monetary limit for appeals was specified as Rs. 50 lakhs, and since the tax effect in this case was only Rs. 21,75,479, the appeal was deemed not maintainable. The Tribunal clarified that the dismissal of the appeal should not be interpreted as an endorsement of the CIT(A)'s decision on the merits of the case.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 127787 (ITAT-CHANDIGARH)
• Duration Of Justice: 4 month(s) 13 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 03-07-2023
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 02-07-2023
• Assessment Year: 2017-2018
• Appeal Filed On: 20-02-2023
• Laws Referred To: CBDT Circular dated 08.08.2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect

Judgement Text

आयकर अपील य अ धकरण,च डीगढ़ यायपीठ “बी” , च डीगढ़ IN THE INCOME TAX APPELLATE TRIBUNAL, CHANDIGARH BENCH “B”, CHANDIGARH ी आकाश द प जैन, उपा य! एवं ी %व&म (संह यादव, लेखा सद-य BEFORE: SHRI. AAKASH DEEP JAIN, VP & SHRI. VIKRAM SINGH YADAV, AM ITA NO. 85/Chd/ 2023 Assessment Year : 2017-18 The ITO Ward-3, Panchkula Shri Sohan Lal HUF, 153, Vill. Devi Nagar, Sector-3 Panchkula PAN NO: AAZHS0258R Appellant Respondent ! " Assessee by : Shri B.M. Monga, Advocate Shri Rohit Kaura, Advocate # ! " Revenue by : Shri Aakashdeep, Sr. DR $ % ! & Date of Hearing : 03/07/2023 '()* ! & Date of Pronouncement : 04/07/2023 आदेश/Order PER VIKRAM SINGH YADAV, A.M. : This is an appeal filed by the Revenue against the order of the Ld. CIT(A)/ NFAC, Delhi dt. 29/12/2022 pertaining to A.Y 2017-18. 2. It is noted that the tax effect involved in the present appeal is Rs. 21,75,479/-. Accordingly, in terms of the CBDT Circular dated 08.08.2019 wherein the Department has specified the monetary limit for an appeal to be filed by the Revenue before the ITAT as Rs. 50 lacs, the appeal so filed by the Revenue is not maintainable. 3. In view of the above facts and circumstances, the present appeal filed by the Department is dismissed due to low tax effect with a liberty to seek recall in case the matter falls under any of the exceptions so carved out in the aforesaid circular. 4. It is, however, clarified that the dismissal of the above appeal shall not be taken to be affirmation of the order of the CIT(A) on merits. The legal issue raised by the Revenue is being left open to be adjudicated in an appropriate case. 5. In the result the appeal of the Revenue is dismissed. (Order pronounced in the open Court on 04/07/2023 ) Sd/- Sd/- आकाश द प जैन %व&म (संह यादव (AAKASH DEEP JAIN) ( VIKRAM SINGH YADAV) उपा य! / VICE PRESIDENT लेखा सद-य/ ACCOUNTANT MEMBER AG Date: 04/07/2023 ( + ! , - . - Copy of the order forwarded to : 1. The Appellant 2. The Respondent 3. $ / CIT 4. - 0 ग 2 3 & 2 3 456 ग7 DR, ITAT, CHANDIGARH 5. ग 6 8 % Guard File ( + $ By order, 9 # Assistant Registrar