DCIT vs M/S Rana Sugars Ltd, Chandigarh | ITAT Chandigarh 2018

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

DCIT, C-1(1), CHANDIGARH vs. M/S RANA SUGARS LTD, CHANDIGARH

Cases cited in this judgment