ACIT, C-2(1), CHANDIGARH vs. M/S MOUNT SHIVALIK BREWERIES LTD. (NOW MOLSON COORS INDIA PVT. LTD.), DERABASSI

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ITA 944/CHANDI/2018Status: DisposedITAT Chandigarh28 November 2018AY 2013-142 pages
AI SummaryDismissed

What did the Tribunal hold?

The Revenue requested to withdraw the appeal as the tax effect was below the limit prescribed by CBDT Circular No. 3/2018. The Tribunal dismissed the appeal on the grounds of low tax effect.

What were the facts?

The Revenue filed an appeal against the CIT(A)'s order for AY 2013-14. The appeal was listed along with other appeals with low tax effect.

What were the issues?

Whether the Revenue's appeal should be dismissed due to low tax effect as per CBDT circular.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, CHANDIGARH

Before: SMT. DIVA SINGH, JM & SMT.ANNAPURNA GUPTA, AM

Hearing: 01.11.2018Pronounced: 28.11.2018

आदेश/ORDER PER DIVA SINGH The present appeal has been filed by the Revenue assailing the correctness of the order dated 180.4.2018 of CIT(A)-1, Chandigarh pertaining to 2013014 assessment year. 2. The said appeal has been listed on the request of the Department alongwith ITA 945 & 943/CHD/2018 stating that the tax effect involved in the appeals is much less than the taxable limit fixed by the CBDT Circular No. 3/2018 dated 11.07.2018. The aforementioned two appeals had been dismissed on the grounds of low tax effect. However, in the present appeal, the ld. Sr.DR requested for time stating that the tax effect needs to be verified. Mr. N.Gupta, CA present for the assessee on the said date was also not aware of the tax effect involved, accordingly time was given to the parties to address the issue on the next date of hearing. 3. On the next date Sr.DR Ms. Chander Kanta stated that the tax effect has been verified from the AO and it has been communicated that the tax effect involved in the present appeal is Rs. 14,89,785/-. Accordingly, the appeal is not being pressed by the Revenue in view of the CBDT circular No. 3/2018 dated 11.07.2018. Accordingly, in view of the above, the appeal of the Revenue is dismissed on the grounds of low tax effect in terms of the aforesaid

ITA-944/CHD/2018 A.Y. 2013-14 Page 2 of 2

circular of the CBDT by which the Tax Authorities are bound. The appeal of the Revenue, accordingly, is dismissed as not pressed. 4. In the result, appeal of the Revenue is dismissed. Said order was pronounced in the Open Court at the time of hearing itself. Order pronounced in the Open Court on 28.11. 2018.

Sd/- Sd/-

( अ�नपूणा� गु�ता ) ( �दवा �संह ) (ANNAPURNA GUPTA) (DIVA SINGH) लेखा सद�य/ Accountant Member �या�यक सद�य/ Judicial Member “पूनम” आदेश क� ��त�ल�प अ�े�षत/ Copy of the order forwarded to : अपीलाथ�/ The Appellant - 1. ��यथ�/ The Respondent - 2. आयकर आयु�त/ CIT 3. आयकर आयु�त (अपील)/ The CIT(A) 4. �वभागीय ��त�न�ध, आयकर अपील�य आ�धकरण, च�डीगढ़/ DR, ITAT, CHANDIGARH 5. गाड� फाईल/ Guard File 6.

आदेशानुसार/ By order, सहायक पंजीकार/ Assistant Registrar ITAT,Chandigarh.

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