ACIT, C-2(1), Chandigarh V. M/s Mount Shivalik Breweries Ltd. (Now Molson Coors India Pvt. Ltd.), Derabassi

ITA 944/CHANDI/2018

• Counselvise Citation: [2018] 119 COUNSELVISE.COM (IT) 0442 (ITAT-CHANDIGARH)
• Duration Of Justice: 4 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-11-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2013-2014
• Appeal Filed On: 05-07-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: MOHIT
• Keywords: Tax effect

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL, CHANDIGARH BENCH A CHANDIGARH , ! ' # $ % & , '( ! BEFORE: SMT. DIVA SINGH, JM & SMT.ANNAPURNA GUPTA, AM ./ ITA NO. 944/CHD/2018 / ASSESSMENT YEAR : 2013-14 THE ACIT, CIRCLE-2 (1), CHANDIGARH. VS M/S MOUNT SHIVALIK BREWERIES LTD. (NOW MOLSON COORS INDIA P.LTD.) MOHAN GRAM, PO BHANKARPAUR, DERA BASSI. ./ PAN NO: AAACM9806D / APPELLANT / RESPONDENT / REVENUE BY : SMT. CHANDER KANTA,SR.DR / ASSESSEE BY : SHRI MOHIT, C.A. ! ' # / DATE OF HEARING : 01.11.2018 $%&' # / DATE OF PRONOUNCEMENT : 28.11.2018 ') / ORDER PER DIVA SINGH THE PRESENT APPEAL HAS BEEN FILED BY THE REVENUE ASSAILING TH E CORRECTNESS OF THE ORDER DATED 180.4.2018 OF CIT(A)-1, CHANDIGA RH PERTAINING TO 2013014 ASSESSMENT YEAR. 2. THE SAID APPEAL HAS BEEN LISTED ON THE REQUEST OF THE DEPARTMENT ALONGWITH ITA 945 & 943/CHD/2018 STATING THAT THE TAX EFFECT INVOLVED IN THE APPEALS IS MUCH LESS THAN THE TAXABLE LIMIT FIXED BY THE CBDT CIRCULAR NO. 3/2018 DATED 11.07.2018. THE AFOREMENTIONED TWO APPEALS HAD BEEN DISMISSED ON THE GROUNDS OF LOW TAX EFFECT. HOWEVER, IN TH E PRESENT APPEAL, THE LD. SR.DR REQUESTED FOR TIME STATING THAT THE TAX EFFEC T NEEDS TO BE VERIFIED. MR. N.GUPTA, CA PRESENT FOR THE ASSESSEE ON THE SAID DATE WAS ALSO NOT AWARE OF THE TAX EFFECT INVOLVED, ACCORDINGLY TIME WAS GIVEN TO TH E PARTIES TO ADDRESS THE ISSUE ON THE NEXT DATE OF HEARING. 3. ON THE NEXT DATE SR.DR MS. CHANDER KANTA STATED TH AT THE TAX EFFECT HAS BEEN VERIFIED FROM THE AO AND IT HAS BEEN COMMUNICATE D THAT THE TAX EFFECT INVOLVED IN THE PRESENT APPEAL IS RS. 14,89,785/-. ACC ORDINGLY, THE APPEAL IS NOT BEING PRESSED BY THE REVENUE IN VIEW OF THE CBDT CIRCULAR NO. 3/2018 DATED 11.07.2018. ACCORDINGLY, IN VIEW OF THE ABOVE , THE APPEAL OF THE REVENUE IS DISMISSED ON THE GROUNDS OF LOW TAX EFFECT IN T ERMS OF THE AFORESAID ITA-944/CHD/2018 A.Y. 2013-14 PAGE 2 OF 2 CIRCULAR OF THE CBDT BY WHICH THE TAX AUTHORITIES ARE BOU ND. THE APPEAL OF THE REVENUE, ACCORDINGLY, IS DISMISSED AS NOT PRESSED. 4. IN THE RESULT, APPEAL OF THE REVENUE IS DISMISSED. SAID O RDER WAS PRONOUNCED IN THE OPEN COURT AT THE TIME OF HEARING ITSELF. ORDER PRONOUNCED IN THE OPEN COURT ON 28.11. 2018. SD/- SD/- ( ' # $ % & ) ( ) (ANNAPURNA GUPTA) (DIVA SINGH) '( ! / ACCOUNTANT MEMBER ! / JUDICIAL MEMBER ( %) +, -, / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT - 2. / THE RESPONDENT - 3. ! / / CIT 4. ! / ()/ THE CIT(A) 5. ,23 4 , # 4 , 67839/ DR, ITAT, CHANDIGARH 6. 38 :'/ GUARD FILE %) ! / BY ORDER, ; / ASSISTANT REGISTRAR ITAT,CHANDIGARH.