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Income Tax Appellate Tribunal, CHANDIGARH
Before: SMT. DIVA SINGH, JM
Hearing conducted via Webex आदेश/ORDER
The present appeal has been filed by the Revenue wherein the corre ctness of the order dated 31.07.2019 of CIT(A) Shimla pe rtaining to 2011-12 assessment year is assailed. 2. The appeal came up for hearing on 24.09.2020 and the parties were directed to respond whether the Revenue’s appeal was maintainable under the latest CBDDT Circular dated 08.08.2019 in view of the tax effect involved. On the next date i.e. 30.09.2020, time was against sought by the Revenue to ITA 1360 /CHD/2019 A.Y. 2011-12 Page 2 of 2 verify the position. On 01.10.2020, the ld. Sr.DR Shri Arvind Sudershan agreed that the tax effect involved is much below the monetary limit as fixed by the aforesaid Circular in the filing of appeals by the Revenue before the ITAT. Accordingly, he agreed that the Revenue has no objection if the same is dismissed as not maintainable. Said request was repeated by the ld. AR also.
Accordingly, in view of the above facts and circumstances, 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.
In the result the appeal of the Revenue is dismissed.
Order pronounced on 6th October,2020.