DCIT, LUDHIANA vs. M/S IOL CHEMICALS & PHARMACEUTICALS LTD., LUDHIANA

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ITA 61/CHANDI/2017Status: DisposedITAT Chandigarh30 October 2018AY 2007-083 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 held that the Revenue's appeals were not maintainable as the tax effect was less than the monetary limit prescribed by CBDT Circular No. 03/2018. The cross-objections were not pressed by the assessees.

What were the facts?

The appeals were filed by the Revenue, and the cross-objections were filed by the assessees. The primary issue was the maintainability of the Revenue's appeals based on the tax effect.

What were the issues?

The key issue was whether the appeals filed by the Revenue were maintainable given the low tax effect, as per the CBDT circular. The other issue was the fate of the cross-objections which were not pressed.

AI-generated summary — verify with the full judgment below

Heard together (6 matters)

ITA No. 744/Chd/2016
ITA No. 862/Chd/2018
ITA No. 61/Chd/2017
ITA No. 888/Chd/2018
ITA No. 61/Chd/2016
ITA No. 419/Chd/2017

Read from the judgment's own cause title. This page is filed under one of them.

आदेश/Order PER BENCH :

All the above Appeals have been filed by the Revenue and Cross objections filed by different assesse’s. 2. According to Circular No. 03/2018 dated 11/07/2018, the CBDT in supersession of earlier instructions has directed that department’s appeals before ITAT shall not be filed in cases where the tax effect does not exceed the monetary limit of Rs. 20 lacs. The tax will not include any interest thereon. It is further clarified that if in the case of an assessee, disputed issues arise in more than one assessment year, appeal can be filed in respect of such assessment year or years in which the tax effect in respect of disputed issues exceeds the monetary limit so specified.

3.

Admittedly, in the departmental appeals, the tax effect is less than Rs. 20 lacs, therefore, departmental appeal is not maintainable. The Ld. DR could not bring to our notice any exceptions mentioned in the said Circular.

4.

In view of the above, all the appeals of the Revenue are dismissed. 5. Cross Objections of the assessee’s are not pressed before us, therefore needs no adjudication and hence treated as dismissed. Order pronounced in the open Court.

Sd/- Sd/- संजय गग� डा. बी.आर.आर. कुमार, (SANJAY GARG) (Dr. B.R.R. KUMAR) �या�यक सद�य/ Judicial Member लेखा सद�य/ Accountant Member AG Date: 30/10/2018

आदेश क� ��त�ल�प अ�े�षत/ Copy of the order forwarded to : 1. अपीलाथ�/ The Appellant 2. ��यथ�/ The Respondent 3. आयकर आयु�त/ CIT 4. आयकर आयु�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

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