DCIT, CC-II, Chandigarh V. M/s Diverse Hospitality (P) Ltd., Chandigarh

ITA 992/CHANDI/2017

• Counselvise Citation: [2018] 122 COUNSELVISE.COM (IT) 3967 (ITAT-CHANDIGARH)
• Duration Of Justice: 1 year(s) 3 month(s) 24 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 08-10-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2010-2011
• Appeal Filed On: 14-06-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: DR GULSHAN RAJ
• Assessee Lawyers: ASHWAI KUMAR
• Keywords: Tax effect

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL, CHANDIGARH BENCH A CHANDIGARH !, ' # . %.. . & , '( # BEFORE: SMT. DIVA SINGH, JM & DR. B.R.R.KUMAR, AM ITA NO. 992/CHD/2017 ASSESSMENT YEAR : 2010-11 THE DCIT, CENTRAL CIRCLE-II, CHANDIGARH. VS M/S DIVERS HOSPITALITY (P)LTD. , # 1179, SECTOR 43-B, CHANDIGARH. PAN NO: AADCD2149R APPELLANT RESPONDENT ! REVENUE BY : DR. GULSHAN RAJ, CIT '# ! ASSESSEE BY : SHRI ASHWAI KUMAR $ % #& DATE OF HEARING : 28.08.2018 '()* #& D ATE OF PRONOUNCEMENT : 08.10.2018 ')/ ORDER PER DIVA SINGH THE PRESENT APPEAL HAS BEEN FILED BY THE REVENUE ASSAILING THE CORRECTNESS OF THE ORDER DATED 31/03/2017 OF CIT-A GU RGAON PERTAINING TO 201011 ASSESSMENT YEAR. 2. AT THE TIME OF HEARING IT WAS A COMMON STAND OF THE PARTIES BEFORE THE BENCH THAT THE TAX EFFECT INVOLVED IN THE PRESENT AP PEAL FILED BY THE REVENUE IS MUCH BELOW THE LIMIT OF RS. 20 LAKHS FIXED BY PAR A 10 OF CBDT CIRCULAR NUMBER 3/2018 DATED 11.07.2018. THE LD. CIT -DR WAS SPECIFICALLY REQUIRED TO GO THROUGH THE RECORD AND MAKE HIS SUBMISSIONS. THE LD. CIT-DR STATED THAT HE HAS SEEN THE RECORD AND IT HAS BEEN NOTICED THAT THE PRAYER OF THE LD. AR ON FACT S IN TERMS OF THE CBDT CIRCULAR CITED IS CORRECT. ACCORDINGLY IN THE LIGHT OF T HE SUBMISSIONS OF THE PARTIES BEFORE THE BENCH, APPEAL FILED BY THE REVENUE IS DISMISSED AS NOT PRESSED AS HAVING BEEN FILED C ONTRARY TO THE AFORESAID CIRCULAR OF THE CBDT WHICH HAS MADE CLEAR TH AT THE TAX ITA 992/CHD/2017 A.Y. 2010-11 PAGE 2 OF 2 EFFECT LIMITS SET OUT IN PARA 10 ARE RETROSPECTIVE. SAID ORD ER WAS ANNOUNCED THE OPEN COURT AT THE TIME OF HEARING ITSELF 3. IN THE RESULT THE APPEAL OF THE REVENUE IS DISMISSED ORDER PRONOUNCED IN THE OPEN COURT ON 08.10. 2018. SD/- SD/- ( . %.. . & ) ( ! ) (DR. B.R.R. KUMAR) (DIVA SINGH) '( #/ ACCOUNTANT MEMBER ' #/ JUDICIAL MEMBER + , (+ #,-.-# COPY OF THE ORDER FORWARDED TO : 1. THE APPELLANT - 2. THE RESPONDENT - 3. $ /# CIT 4. $ /#01 THE CIT(A) 5. -2#45&456789 DR, ITAT, CHANDIGARH 6. 8:% GUARD FILE (+ $ BY ORDER, ; ASSISTANT REGISTRAR