ITO, SANGRUR vs. M/S RAM PARTAP JIT PAL SARAF PVT. LTD., SANGRUR

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ITA 720/CHANDI/2016Status: DisposedITAT Chandigarh26 November 2018AY 2008-092 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal dismissed the appeals filed by the Revenue on the grounds of low tax effect. The Cross Objections filed by the assessee were also dismissed as withdrawn.

What were the facts?

The Assessing Officer (AO) filed appeals against the orders of the CIT(A) for assessment years 2007-08 and 2008-09. The tax effect involved in these appeals was below the limit prescribed by a CBDT circular.

What were the issues?

The primary issue was whether the appeals filed by the Revenue should be dismissed due to low tax effect as per CBDT circular. The assessee also withdrew their cross objections.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, CHANDIGARH BENCH

Before: SMT. DIVA SINGH, JM & Dr. B.R.R.KUMAR, AM

For Respondent: Shri Manjit Singh, Sr.DR, Shri Vibhor Garg
Hearing: 09.10.2018Pronounced: 26.11.2018

Heard together (4 matters)

ITA No. 720/CHD/2016
C.O. 24/CHD/2016
ITA No. 715/CHD/2016
C.O. 23/CHD/2016

Read from the judgment's own cause title. This page is filed under one of them.

आदेश/ORDER PER BENCH A common order is being passed in these appeals for the sake of convenience wherein the respective assessees have also raised Cross Objections. The Assessing Officers assail the correctness of the respective orders dated 04.03.2016 of CIT(A) Patiala pertaining to 2008-09 assessment

ITA 720&715//CHD/2016 & C.O. 24 & 23/CHD/2016 Page 2 of 2

year and 04.03.2016 of CIT(A) Patiala pertaining to 2007-08 assessment year. 2. However at the outset, the AO by way of application dated 05.10.2018 brings to the notice of the ITAT that the tax effect involved in the respective appeals is much below the limit of Rs. 20 lacs fixed by CBDT Circular No. 3/2018 dated 11.07.2018. For ready reference, relevant extract of the application is extracted hereunder : S.No. Name of the PAN A.Y. Appeal No. Tax assessee Effect 1. Saini Properties Pvt. AAACY2903P 2007-08 ITA No.715/chndi/16 Rs. 14,11,130/- Ltd.,Sangrur Rs. 15,44,130/- 2. M/s Ram Partap Jeet Pal AADCR5431N 2008-09 ITA No.720Chandi/ Saraf (P) Ltd.,Sanarur Chandi/16 3. The ld. Sr.DR relying upon the same fairly submitted that the appeals may be dismissed on the ground of low tax effect. 4. The ld. AR Mr. Vibhor Garg inviting attention to the respective Cross Objections filed by the taxpayer submits that in the circumstances, the assessee does not wish to press the Cross Objections filed. Accordingly, the departmental appeals are dismissed on the grounds of tax effect and the Cross Objections of the assessee are dismissed as withdrawn. Said order was pronounced in the Open Court at the time of hearing itself. 5. In the result, appeals of the Revenue are dismissed and Cross Objections of the assessee are also dismissed as withdrawn, Order Pronounced in the Open Court on 26.11. 2018.

Sd/- Sd/- ( डा. बी.आर.आर. कुमार) (�दवा �संह ) (Dr. B.R.R. KUMAR) (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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