ITO, W-6(1), Mohali V. Sh. Nirankar Singh, Mohali

ITA 933/CHANDI/2018

• Counselvise Citation: [2019] 118 COUNSELVISE.COM (IT) 7221 (ITAT-CHANDIGARH)
• Duration Of Justice: 6 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 15-01-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2015-2016
• Appeal Filed On: 04-07-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: MANJIT SINGH
• Keywords: Question of law; Tax effect
• Section: 13; 20

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL, CHANDIGARH BENCH B CHANDIGARH !, ' # $ , $ % & ' ( ) , *+ # BEFORE: SMT. DIVA SINGH, JM & SMT.ANNAPURNA GUPTA, AM ./ ITA NO. 933/CHD/2018 / ASSESSMENT YEAR : 2015-16 THE ITO, WARD 6(1), MOHALI. VS SHRI NIRRANKAR SINGH, SF-71, PHASE-10, MOHALI. ./ PAN NO: ABRPSO919A / APPELLANT / RESPONDENT ! / REVENUE BY : SHRI MANJIT SINGH, SR.DR '# ! / ASSESSEE BY : SHRI PARIKSHIT AGGARWAL $ % #&/ DATE OF HEARING : 04.12.2018 '()* #&/ D ATE OF PRONOUNCEMENT : 15.01.2019 *,/ ORDER PER DIVA SINGH THE PRESENT APPEAL HAS BEEN FILED BY THE REVENUE ASSAILIN G THE CORRECTNESS OF THE ORDER DATED 26.04.2018 OF CIT(A)-2 C HANDIGARH PERTAINING TO 2015-16 ASSESSMENT YEAR ON VARIOUS GROUNDS. 2. HOWEVER, AT THE TIME OF HEARING, IT WAS COMMON STAND O F THE PARTIES BEFORE THE BENCH THAT THE TAX EFFECT INVOLVED IN THE PRES ENT CASE IS LESS THAN RS. 20 LACS. THE LD. DR HAS ALSO FAIRLY ADMITTED THAT CBDT CIRCULAR NO. 3/2018 IS APPLICABLE TO THIS APPEAL, HENCE, THIS APPEAL OF TH E REVENUE IS LIABLE TO BE DISMISSED. 3. IT MAY BE NOTED THAT CBDT VIDE CIRCULAR NO. 3/2018 D ATED 11.07.2018 HAS REVISED THE MONETARY LIMIT UPTO RS.20 LACS FOR FILING APP EALS BY THE DEPARTMENT BEFORE THE TRIBUNAL AND FURTHER VIDE P ARA 13 OF THE SAID CIRCULAR IT HAS BEEN CLARIFIED THAT SAID CIRCULAR IS APPLICABLE RETROSPECTIVELY TO THE PENDING APPEALS ALSO. THE HONBLE PUNJAB & HARYA NA HIGH COURT IN THE CASE OF PRINCIPAL CIT OF INCOME TAX VS. SURINDER KUMA R 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 OF CIT VS. ITA-933/CHD/2018 A.Y.2015-16 PAGE 2 OF 2 DHANALEKSHMI BANK LTD. (2015) 373 ITR 526 (SC), HAS DISMISS ED THE APPEAL OF THE REVENUE WITHOUT GOING INTO THE MERITS DUE T O LOW TAX EFFECT LEAVING THE QUESTION OF LAW OPEN. IN VIEW OF THE CBDT CIRCU LAR NO. 03/2018 (SUPRA) AND IN THE LIGHT OF THE ABOVE REFERRED TO DECISION OF THE HON'BLE JURISDICTIONAL PUNJAB & HARYANA HIGH COURT (SUPRA ), THE PRESENT APPEAL OF THE REVENUE IS DISMISSED DUE TO LOW TAX EFFECT. 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 ADJ UDICATED IN AN APPROPRIATE CASE. 5. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 15.01. 2019. SD/- SD/- ( % & ' ( ) ) ( ! ) (ANNAPURNA GUPTA) (DIVA S INGH) *+ #/ ACCOUNTANT MEMBER ' #/ JUDICIAL MEMBER & % (+ #,- .-# / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT - 2. / THE RESPONDENT - 3. $ /# / CIT 4. $ /# ( )/ THE CIT(A) 5. -01 #2 , & 2 , 34516 / DR, ITAT, CHANDIGARH 6. 15 7% / GUARD FILE (+ $ / BY ORDER, 8 / ASSISTANT REGISTRAR