ACIT, Ludhiana V. Sh. Rakesh Gupta, Ludhiana

ITA 890/CHANDI/2015

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 8472 (ITAT-CHANDIGARH)
• Duration Of Justice: 2 month(s) 6 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-02-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: Not Allotted
• Assessment Year: 2005-2006
• Appeal Filed On: 10-12-2015
• 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 BHAVNESH SAINI, JUDICIAL MEMBER AND MS.RANO JAIN, ACCOUNTANT MEMBER ITA NO. 890 & 891/CHD/2015 A.Y: 2005-06 & 2006-07 THE ACIT, VS SHRI RAKESH GUPTA, CIRCLE-1, C/O M/S EASTMAN INTERNATIONAL, LUDHIANA. B-XXX-2185/C, PHASE-VII, FOCAL POINT, LUDHIANA. PAN: ACZPG7190A (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI MANJIT SINGH RESPONDENT BY : SHRI SUDHIR SEHGAL DATE OF HEARING : 16.02.2016 DATE OF PRONOUNCEMENT : 16.02.2016 O R D E R PER BHAVNESH SAINI,JM BOTH THE APPEALS BY REVENUE ARE DIRECTED AGAINST DIFFERENT ORDERS OF LD. CIT(APPEALS)-I, LUDHIANA DA TED 22.09.2015 FOR ASSESSMENT YEAR 2005-06 CHALLENGING THE DELETION OF PENALTY UNDER SECTION 271(1)(C) OF THE INCOME TAX ACT IN A SUM OF RS. 4,87,649/- AND DATED 23.09.2015 FOR ASSESSMENT YEAR 2006-07 CHALLENGING THE DELETION OF PENALTY UNDER SECTION 271(1)(C) OF THE ACT IN A SUM OF RS. 8,44,823/-. 2. ACCORDING TO CIRCULAR NO. 21/2015 DATED 10.12.20 15, THE CBDT IN SUPERCESSION OF EARLIER INSTRUCTIONS HAS DI RECTED THAT DEPARTMENTS APPEALS BEFORE ITAT SHALL NOT BE FILED IN CASES WHERE THE TAX EFFECT DOES NOT EXCEED THE MONETARY L IMIT OF RS. 10 LACS. THE TAX WILL NOT INCLUDE ANY INTEREST THE REON. IT IS 2 FURTHER CLARIFIED THAT IF IN THE CASE OF AN ASSESSE E, DISPUTED ISSUES ARISE IN MORE THAN ONE ASSESSMENT YEAR, APPE AL CAN BE FILED IN RESPECT OF SUCH ASSESSMENT YEAR OR YEARS I N WHICH THE TAX EFFECT IN RESPECT OF DISPUTED ISSUES EXCEEDS TH E MONETARY LIMIT SO SPECIFIED. THIS INSTRUCTION WILL APPLY RE TROSPECTIVELY TO PENDING APPEALS AND APPEALS TO BE FILED HENCEFORTH BEFORE THE TRIBUNAL. THE PENDING APPEALS BELOW THE SPECIFIED T AX LIMIT MAY BE WITHDRAWN/NOT PRESSED. 3. ADMITTEDLY, IN THE DEPARTMENTAL APPEALS, THE TAX EFFECT IS LESS THAN RS. 10 LACS, THEREFORE, DEPARTMENTAL APPE ALS ARE NOT MAINTAINABLE. THE LD. CIT(APPEALS) DECIDED THE ISS UE IN DEPARTMENTAL APPEALS ON FACTS AND THE CASES OF THE REVENUE WOULD NOT FALL IN THE EXCEPTIONS PROVIDED IN THE AB OVE CIRCULAR. 4. IN VIEW OF THE ABOVE, LD. DR STATED THAT SINCE DEPARTMENTAL APPEALS ARE FILED AGAINST THE CBDT INS TRUCTIONS, THEREFORE, HE WOULD NOT BE PRESSING DEPARTMENTAL AP PEALS. THEREFORE, THE ABOVE DEPARTMENTAL APPEALS ARE DISMI SSED BEING NOT PRESSED. ORDER PRONOUNCED IN THE OPEN COURT. SD/- SD/- (RANO JAIN) (BHAVNE SH SAINI) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 16 TH FEBRUARY, 2016. POONAM COPY TO: THE APPELLANT, THE RESPONDENT, THE CIT(A), THE CIT, DR ASSISTANT REGISTRAR, ITAT/CHD