ACIT, Ludhiana V. Sh. Vinay Singal, Ludhiana

ITA 885/CHANDI/2015

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 1216 (ITAT-CHANDIGARH)
• Duration Of Justice: 2 year(s) 8 month(s) 26 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 04-09-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: Not Allotted
• Next Hearing Date: 26-07-2016
• Assessment Year: 2008-2009
• Appeal Filed On: 08-12-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ANKUR ALYA
• 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. 885/CHD/2015 ASSESSMENT YEAR: 2008-09 THE ACIT, VS SHRI VINAY SINGAL, CIRCLE 5, C/O M/S EASTMAN IMPEX, LUDHIANA. B-XXX/1691, FOCAL POINT, LUDHIANA. PAN : ADVPS8356H (A PPELLANT) (RESPONDENT) APPELLANT BY : SHRI ANKUR ALYA, SR.DR RESPONDENT BY : SHRI ASHWANI KUMAR DATE OF HEARING : 09.08.2018 DATE OF PRONOUNCEMENT : 04.09.2018 ORDER PER DIVA SINGH THE PRESENT APPEAL HAS BEEN FILED BY THE REVENUE A SSAILING THE CORRECTNESS OF THE ORDER DATED 09.09.2015 OF CIT(A)-2 LUDHIANA PERTAIN ING TO THE 2008-09 ASSESSMENT YEAR WHEREIN THE PENALTY IMPOSED U/S 271(1)(C) OF THE AC T AMOUNTING TO RS. 15,23,550/- WAS QUASHED IN APPEAL. THE SAID ORDER HAS BEEN CHALLEN GED BY THE REVENUE IN THE PENALTY PROCEEDINGS. 2. IT WAS COMMON STAND OF THE PARTIES BEFORE THE BE NCH THAT THE TAX EFFECT INVOLVED IN THE PRESENT DEPARTMENTAL APPEAL IS BELOW THE TAXABL E LIMITED OF RS. 20 LACS AND THUS THE APPEAL IS NOT MAINTAINABLE IN TERMS OF THE ABOVE CI RCULAR. 3. ACCORDINGLY, IN VIEW OF THE ABOVE, THE APPEAL OF THE REVENUE IS DISMISSED ON THE GROUNDS OF LOW TAX EFFECT IN TERMS OF THE AFORESAID CIRCULAR OF THE CBDT BY WHICH THE TAX AUTHORITIES ARE BOUND. THE APPEAL OF THE REVENUE, ACCORDINGLY, IS DISMISSED AS NOT PRESSED. 4. IN THE RESULT, APPEAL OF THE REVENUE IS DISMISSE D. SAID ORDER WAS PRONOUNCED IN THE OPEN COURT AT THE TIME OF HEARING ITSELF. ORDER PRONOUNCED IN THE OPEN COURT ON 04.09.2018. SD/- SD/- (ANNAPURNA GUPTA) ( DIVA SINGH) ACCOUNTANT MEMBER JUDICIAL MEMBER POONAM COPY TO: 1.THE APPELLANT 2. THE RESPONDENT 3.THE CIT 4.THE C IT(A)5.THE DR ASSTT. REGIST RAR ITAT,CHANDIGARH.