ACIT, CIRCLE, PARWANOO vs. M/S P.A. TIME INDUSTRIES, DHARAMPUR
1
IN THE INCOME TAX APPELLATE TRIBUNAL
“B” BENCH, CHANDIGARH
BEFORE HON’BLE SHRI RAJPAL YADAV, VICE PRESIDENT
AND HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM
आयकरअपील सं. / ITA No.958/CHANDI/2019
(िनधाŊरणवषŊ / Assessment Year: 2013-14)
ACIT-Circle Parwanoo
Himachal Pradesh-17320. बनाम/ Vs.
M/s P.A. Time Industries
Plot No. 35F, Sector-2, HPMC Road,
Dharampur-173209
̾थायीलेखासं./जीआइआरसं./PAN/GIR No. AADFP-8266-E
(अपीलाथŎ/Appellant)
:
(ŮȑथŎ / Respondent)
अपीलाथŎकीओरसे/ Appellant by : Shri Neeraj Jain (CA) – Ld. AR
ŮȑथŎकीओरसे/Respondent by :
Dr. Ranjit Kaur (Addl. CIT )– Ld. Sr. DR
सुनवाईकीतारीख/Date of Hearing
:
20-03-2025
घोषणाकीतारीख /Date of Pronouncement :
24-03-2025
आदेश / O R D E R
Manoj Kumar Aggarwal (Accountant Member)
Aforesaid appeal by revenue for Assessment Year (AY) 2013-14 arises out of an order of learned Commissioner of Income Tax (Appeals), Shimla [CIT(A)] dated 27-03-2019 in the matter of an assessment framed by Ld. Assessing Officer [AO] u/s. 143(3) of the Act on 28-01-2016. 2. The Ld. AR, at the outset, placed on record tax effect computation to show that the tax effect of revenue’s appeal is less than prescribed limit of Rs.60 Lacs as per latest CBDT Circular No.5/2024 dated 15-03-
2024 which has superseded all the earlier circulars and the same applies to the pending appeals also. Accordingly, the appeal is not maintainable.
3. The Ld. Sr. DR, on the other hand, stated that revenue is in the process of filing additional grounds qua disallowance of Rs.8.62 Lacs and therefore, the appeal may be kept pending.
4. Upon perusal of impugned order, it could be seen that pursuant to impugned assessment as framed by Ld. AO, the tax demand as raised against the assessee has been quantified at Rs.55.90 Lacs. In Income
Tax Computation Form as issued by Ld. AO on 28-01-2016, the net tax as shown to be payable by the assessee has been quantified at Rs.55.04 Lacs. Apparently, the total demand as raised by the assessee without considering the relief granted by Ld. CIT(A) is much less than prescribed limit of Rs.60 Lacs and therefore, the appeal is not maintainable in terms of latest CBDT low tax effect circular. It is another fact that the revenue wants to raise additional grounds after 6
years of impugned order. Nevertheless, the appeal of the revenue is not maintainable in terms of latest CBDT circular on low tax effect. No exception has been shown to us. Therefore, the revenue’s appeal is liable to be dismissed as non-maintainable subject to liberty to revenue to seek revival of the appeal, in case the tax effect is found to be more or it is shown that the case falls under any of the exception.
The appeal stand dismissed.
Orders pronounced on 24-03-2025. . (RAJPAL YADAV) (MANOJ KUMAR AGGARWAL)
VICE PRESIDENT लेखा सद˟ /ACCOUNTANT MEMBER
Dated: 24-03-2025. आदेश की Ůितिलिप अŤेिषत / Copy of the Order forwarded to :
1. अपीलाथŎ/Appellant
2. ŮȑथŎ/Respondent
3. आयकरआयुƅ/CIT
4. िवभागीयŮितिनिध/DR
5. गाडŊफाईल/GF