DCIT, C-1, LUDHIANA vs. M/S GETRAG HI-TECH GEARS (INDIA) PVT. LTD., LUDHIANA
In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal dismissed the Revenue's appeal based on CBDT Circular No. 3/2018, which sets a monetary limit for appeals. The dismissal was due to low tax effect and not on the merits of the case.
What were the facts?
The Revenue filed an appeal against the CIT(A)'s order. The assessee's counsel submitted that the tax effect was less than Rs. 20 lacs, which was also admitted by the Revenue's representative.
What were the issues?
The primary issue was whether the Revenue's appeal should be dismissed due to a low tax effect, considering the applicable CBDT circular.
AI-generated summary — verify with the full judgment below
Cases cited in this judgment(1)Show listHide list
Detected automatically from the text. Citations are also linked where they appear in the judgment. The count shows how many other judgments on BharatTax rely on the same authority.
- CIT v. Dhanalaxmi Bank Ltd.44 citing373 ITR 526 · 2015 · SC
आदेश/Order
Per Sanjay Garg, Judicial Member:
The present appeal has been preferred by the Revenue against the order dated 28.03.2017 of the Commissioner of Income Tax (Appeals)-2, Ludhiana [hereinafter referred to as CIT(A)].
At the outset, the Ld. Counsel of the assessee submitted that the tax effect involved in the present case is less than Rs. 20 lacs. The Ld. DR has also fairly admitted that CBDT Circular No. 3/2018 is applicable to this appeal, hence, this appeal of the Revenue is 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
ITA No. 1519Chd/2017- M/s Getrag Hi-Tech Gears (India) Pvt Ltd, Ludhiana 2
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 appeal of the Revenue is dismissed due to low
tax effect.
It is, however, clarified that the dismissal of the above appeal shall
not be taken to be affirmation of the order of the CIT(A) on merits. The
legal issue raised by the Revenue is being left open to be adjudicated in an
appropriate case. Order pronounced in the Open Court.
Sd/- Sd/- (अ�नपूणा� गु�ता / ANNAPURNA GUPTA) (संजय गग� / SANJAY GARG) लेखा सद�य/ Accountant Member �या�यक सद�य/ Judicial Member Dated : 05.11.2018 “आर.के.” 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
ITA No. 1519Chd/2017- M/s Getrag Hi-Tech Gears (India) Pvt Ltd, Ludhiana 3
आदेशानुसार/ By order, सहायक पंजीकार/ Assistant Registrar
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