ITO, JAGARON vs. SH. HARPREET SINGH, JAGARON

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ITA 1040/CHANDI/2016Status: DisposedITAT Chandigarh30 October 2018AY 2011-122 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal dismissed the Revenue's appeal. This was based on the submissions of both parties and the material on record, specifically citing the low tax effect as per the CBDT circular.

What were the facts?

The Revenue filed an appeal against the CIT(A)'s order which deleted an addition of Rs. 26,23,390/-. The assessee argued that the tax effect was below the limit prescribed by CBDT circular No. 3/2018.

What were the issues?

The primary issue was whether the appeal should be entertained given the low tax effect, as per CBDT guidelines.

Which sections of the Income-tax Act were involved?

None explicitly mentioned as the basis for dismissal, but the context relates to additions made under the Income Tax Act.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, CHANDIGARH

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

For Respondent: Smt. Chanderkanta, Sr.DR, Shri Gaurav Sharma
Hearing: 26.09.2018Pronounced: 30.10

आदेश/ORDER

PER DIVA SINGH The present appeal has been filed by the Revenue assailing the correctness of the order dated 25.07.2016 of CIT(A)-3 Ludhiana pertaining to 2011-12 assessment year. 2. The ld. AR inviting attention to the Computation Sheet addressing the tax effect involved in the present appeal submitted that the issue under the present appeal is limited to the addition of Rs. 26,23,390/- deleted by the CIT(A). Relying on this fact, it was submitted that the tax effect involved in the appeal is much below the taxable limit as laid down by the CBDT circular No. 3/2018 dated 11.07.2018. The ld. Sr.DR on going through the copy of the notice of demand u/s 156 of the Income Tax Act dated 19.03.2014 fairly agreed that the tax effect involved is much below the taxable limit. 3. Accordingly, in the light of the submissions of the parties before the Bench on the basis of material available on record, the appeal of the Revenue is dismissed on the grounds of low tax effect in terms of the

ITA 1040/CHD/2016 A.Y.2011-12 Page 2 of 2

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 30.10. 2018.

Sd/- Sd/-

( डा. बी.आर.आर. कुमार) (�दवा �संह ) (Dr. B.R.R. KUMAR) (DIVA SINGH) लेखा सद�य/ Accountant Member �याय�क 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. 7.

आदेशानुसार/ By order, सहायक पंजीकार/ Assistant Registrar ITAT,Chandigarh.

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