ACIT, C-3(1), CHANDIGARH vs. M/S YORK BUILDERS PVT. LTD., ZIRAKPUR

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ITA 1028/CHANDI/2017Status: DisposedITAT Chandigarh16 November 2018AY 2008-091 pages

In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal dismissed the appeal filed by the Revenue. This was based on the CBDT circular regarding low tax effect, which the tax authorities are bound to follow.

What were the facts?

The Revenue filed an appeal against the order of the CIT(A) for the assessment year 2008-09. The tax effect involved in the appeal was below the limit prescribed by the CBDT circular.

What were the issues?

The primary issue was whether the appeal should be dismissed due to low tax effect as per CBDT circulars.

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: 16.11.2018

PER DIVA SINGH The present appeal has been filed by the Revenue assailing the correctness of the order dated 20.03.2017 of CIT(A)-1, Chandigarh pertaining to 2008-09 assessment year.

2.

It was a common stand of the parties before the Bench that tax effect involved in the present appeal is much less than the taxable limit of Rs. 20 lacs as fixed by the CBDT Circular No. 3/2018 dated 11.07.2018, therefore, the appeal filed by the Revenue may be dismissed in terms of the above circular.

3.

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 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 16th Nov., 2018. ( 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 – 2.""यथ"/ The Respondent -3.आयकर आयु"त/ CIT 4.आयकर आयु"त (अपील)/ The CIT(A) 5."वभागीय

1.

""त"न"ध, आयकर अपील"य आ"धकरण, च"डीगढ़/ DR, ITAT, CHANDIGARH 6. गाड" फाईल/ Guard File

आदेशानुसार/ By order, सहायक पंजीकार/

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