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आदेश/Order
Per Sanjay Garg, Judicial Member:
The present appeal has been preferred by the Revenue against the order dated 04.06.2018 of the Commissioner of Income Tax (Appeals)- 1,Chandigarh [hereinafter referred to as CIT(A)].
At the outset, the Ld. DR has submitted that the tax effect involved in the present case is less than Rs. 20 lacs and, therefore, the appeal filed by the Revenue is liable to be dismissed.
ITA No. 1170-c-18 M/s GSCO Infrastructure (P) Ltd., Chandigarh 2 3. It may be noted that CBDT vide Circular No. 3/2018 dated
11.07.2018 has revised the monetary limit upto Rs.20 lacs for filing
appeals by the Department before the Tribunal and further vide para 13
of the said Circular it has been clarified that said circular is applicable
retrospectively to the pending appeals also. The Hon’ble Punjab &
Haryana High Court in the case of “Principal CIT of Income Tax Vs.
Surinder Kumar 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 dismissed the appeal of the Revenue without
going into the merits due to low tax effect leaving the question of law
open. In view of the CBDT Circular 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 appeal of the Revenue
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.
Order pronounced in the Open Court on 04.06.2019
Sd/- Sd/- (संजय गग� / SANJAY GARG) (एन. के. सैनी / N.K. SAINI) उपा�य� /Vice President �या�यकसद�य/ Judicial Member Dated : 04.06.2019 “आर.के.”
ITA No. 1170-c-18 M/s GSCO Infrastructure (P) Ltd., Chandigarh 3
आदेशक���त�ल�पअ�े�षत/ Copy of the order forwarded to : 1. अपीलाथ�/ The Appellant 2. ��यथ�/ The Respondent 3. आयकरआयु�त/ CIT 4. आयकरआयु�त (अपील)/ The CIT(A) 5. �वभागीय��त�न�ध, आयकरअपील�यआ�धकरण, च�डीगढ़/ DR, ITAT, CHANDIGARH 6. गाड�फाईल/ Guard File
आदेशानुसार/ By order, सहायकपंजीकार/ Assistant Registrar