DCIT vs M/S Punjab Infrastructure… | ITAT Chandigarh 2018

आदेश/Order

Per Bench:

The captioned appeals have been preferred by the Revenue against

the separate orders of the Commissioner of Income Tax (Appeals),

Chandigarh [hereinafter referred to as CIT(A)].

At the outset, the Ld. Counsel of the assessee submitted that the tax

effect involved in the aforesaid appeals is less than Rs. 20 lacs. The Ld.

DR has also fairly admitted that CBDT Circular No. 3/2018 is applicable to

these appeals, hence, these appeals of the Revenue are liable to be

dismissed.

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

DCIT (TDS), CHANDIGARH vs. M/S PUNJAB INFRASTRUCTURE DEVELOPMENT BOARD, CHANDIGARH