DCIT, CC-I, Ludhiana V. M/s BCL Industries & Infrastructure Ltd., Bathinda

ITA 958/CHANDI/2018

• Counselvise Citation: [2018] 119 COUNSELVISE.COM (IT) 0541 (ITAT-CHANDIGARH)
• Duration Of Justice: 4 month(s) 24 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 30-11-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2014-2015
• Appeal Filed On: 06-07-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: RAJINDER MITTAL
• Keywords: Question of law; Tax effect

Judgement Text

, ., IN THE INCOME TAX APPELLATE TRIBUNAL, CHANDIGARH BENCH A CHANDIGARH , ! , ' # $ % & , '( ! BEFORE: SMT. DIVA SINGH, JM & SMT.ANNAPURNA GUPTA, AM ./ ITA NOS. 958 & 959/CHD/2018 / ASSESSMENT YEAR : 2014-15 & 2015-16 THE DCIT, CENTRAL CIRCLE-I, LUDHIANA. VS M/S BCL INDUSTRIES & INFRASTRUCTURES LTD., HAZI RATTAN LINK ROAD, BATHINDA. ./PAN NO: AAACB5510B /APPELLANT /RESPONDENT / REVENUE BY : SMT. CHANDERKANTA, SR.DR /ASSESSEE BY : SHRI RAJINDER MITTAL, MANAGING DIREC TOR ! ' # /DATE OF HEARING : 29.11.2018 $%&' # /DATE OF PRONOUNCEMENT : 30.11.2018 ')/ ORDER PER DIVA SINGH THE PRESENT APPEALS HAVE BEEN FILED BY THE REVENUE AS SAILING THE CORRECTNESS OF THE SEPARATE ORDERS DATED 09.04.2017 OF CIT(A)-5 LUDHIANA PERTAINING TO 2014-15 AND 2015-16 ASSESSMENT YEAR RESPECTIVE LY. 2. AT THE OUTSET, THE LD. AR HAS STATED THAT TAX EFFECT INVOLVED IN THE PRESENT APPEALS IS RS. 11,88,900/- AND RS. 10,25,600/- RESP ECTIVELY WHICH IS LESS THAN RS. 20 LACS. THE LD. DR HAS ALSO FAIRLY ADMITTED THAT CBDT CIRCULAR NO. 3/2018 IS APPLICABLE TO THESE APPEALS, HENCE, THESE APPEALS OF THE REVENUE ARE 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 PARA 13 OF THE SAID CIRCULAR IT HAS BEEN CLARIFIED THAT SAID CIRCULAR IS APPLICABLE R ETROSPECTIVELY TO THE PENDING APPEALS ALSO. THE HONBLE PUNJAB & HARYA NA HIGH COURT IN THE CASE OF PRINCIPAL CIT OF INCOME TAX VS. SURINDER KUM AR 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. DHANALEKSHMI BANK LTD. (2015) 373 ITR 526 (SC), HAS DISMISS ED THE ITA-958 & 959/CHD/2018 A.Y. 2014-15 & 2015-16 PAGE 2 OF 2 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 APPEALS OF THE REVENUE ARE DISMISSED DUE TO LOW TAX EFFECT. 4. IT IS, HOWEVER, CLARIFIED THAT THE DISMISSAL OF THE ABOVE APPEALS 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. S AID ORDER WAS PRONOUNCED IN THE OPEN COURT AT THE T IME OF HEARING ITSELF. 5. IN THE RESULT, THE DEPARTMENTAL APPEALS ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 30.11. 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. *-. / , # / , 012.3 / DR, ITAT, CHANDIGARH 6. .2 4' / GUARD FILE %( ! / BY ORDER, 5 / ASSISTANT REGISTRAR