ITO-WARD-1(3), CHANDIGARH vs. M/S SILVER CITY HOUSING & INFRASTRUCTURE LTD., CHANDIGARH

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ITA 129/CHANDI/2020Status: DisposedITAT Chandigarh17 November 2020AY 2014-152 pages
AI SummaryDismissed

What did the Tribunal hold?

The ITAT dismissed the appeal filed by the Revenue. The dismissal was based on the low tax effect, as per the CBDT circular. The legal issue was left open for adjudication in an appropriate case.

What were the facts?

The Revenue filed an appeal before the ITAT against the order of the CIT(A). The tax effect involved in the appeal was Rs. 3,53,080/-.

What were the issues?

The primary issue was whether the appeal should be entertained given the low tax effect, in light of the CBDT circular regarding monetary limits for appeals.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, CHANDIGARH

Before: SH. SANJAY GARG

For Respondent: Shri Ashok Kumar Khanna, Addl. CIT, Shri Tej Mohan Singh, Advocate
Hearing: 26.11.2020Pronounced: 26.11.2020

आदेश/ORDER

1.

The present appeal has been preferred by the Revenue against the order dated 05.11.2019 of the Commissioner of Income Tax (Appeals)-1, Chandigarh. Hearing of the appeal has been done through Video Conferencing.

2.

Shri Ashok Kumar Khanna, appearing on behalf of the Revenue inviting attention to the record submitted that in the facts of the present case, the tax effect involved is Rs. 3,53,080/-. Accordingly, in terms of the latest CBDT Circular dated 08.08.2019 wherein the Department has specified the monetary limit for an appeal to be filed by the Revenue

ITA-129/CHD/2020 A.Y. 2014-15 Page 2 of 2 before the ITAT as Rs. 50 lacs, permission to withdraw the appeal may be granted.

3.

In view of the above submissions, the present appeal filed by the Department is dismissed due to low tax effect. 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 adjudicated in an appropriate case.

5.

In the result the appeal of the Revenue is dismissed.

Order pronounced in the Court on 26th November,2020.

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