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आदेश/Order PER BENCH: All the above appeals have been filed by the Revenue against separate orders of the Commissioner of Income Tax (Appeals) (in short CIT(A)), passed u/s 250(6) of the Income Tax Act, 1961 (in short ‘the Act’).
The assessee has filed Cross Objection in ITA No.1034/Chd/2017.
At the outset, it has been stated that tax effect involved in the present cases 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, all the appeals of the Revenue are liable to be dismissed.
4 ITA No.1020/Chd/2017 A.Y.2013-14
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 referred to decision of the Hon'ble
Jurisdictional Punjab & Haryana High Court (supra), the
present appeals of the Revenue are dismissed due to low tax
effect.
It is, however, clarified that the dismissal of the above
appeals shall not be taken to be affirmation of the order of
the CIT(A) on merits. The legal issues, if any, raised by the
Revenue are being left open to be adjudicated in an
appropriate case.
Further the Cross Objection filed by the assessee vide
C.O.NO.56/Chd/2017 in ITA No.1034/Chd/2017 was sought
to be withdrawn. A letter to this effect was filed before us
dated 30.10.2018.
5 ITA No.1020/Chd/2017 A.Y.2013-14
In view of the above, all the Departmental appeals and the Cross Objection filed by the assessee are dismissed.
Order pronounced in the Open Court.
Sd/- Sd/- �दवा �संह अ�नपणा� ग�ता (ANNAPURNA GUPTA) (DIVA SINGH) �याय�क सद�य/ Judicial Member लेखा सद�य/ Accountant Member �दनांक /Dated: 1st November, 2018 *रती* आदेश क� ��त�ल�प अ�े�षत/ Copy of the order forwarded to :
अपीलाथ�/ The Appellant 2. ��यथ�/ The Respondent 3. आयकर आय�त / CIT 4. आयकर आय�त (अपील)/ The CIT(A) 5. �वभागीय ��त�न�ध, आयकर अपील�य आ�धकरण, च�डीगढ़/ DR, ITAT, CHANDIGARH 6. गाड� फाईल/ Guard File
आदेशानसार / By order, सहायक पंजीकार/ Assistant Registrar