ITO, W-2(5), CHANDIGARH vs. M/S BASSI STEELS LTD., DERABASSI

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ITA 587/CHANDI/2018Status: DisposedITAT Chandigarh04 October 2018AY 2004-052 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 noted that the tax effect was Rs. 32,440/-, which was below the Rs. 20 lacs limit stipulated by CBDT Circular No. 3/2018. The circular was held to be retrospective in nature.

What were the facts?

The Revenue filed an appeal before the ITAT against an order of the CIT(A) for the assessment year 2004-05. The assessee did not appear but submitted that the appeal was not maintainable due to low tax effect.

What were the issues?

Whether the Revenue's appeal is maintainable before the ITAT when the tax effect is below the prescribed monetary limit set by the CBDT circular.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, CHANDIGARH

Before: SMT. DIVA SINGH, JM & SMT.ANNAPURNA GUPTA, AM

For Respondent: Shri Manjit Singh, Sr.DR
Hearing: 04.09.2018Pronounced: 04.10

आदेश/ORDER

PER DIVA SINGH

The present appeal has been filed by the Revenue assailing the correctness of the order dated 13.02.2018 of CIT(A)-I Chandigarh pertaining to 2004-05 assessment year. 2. At the time of hearing, no one was present on behalf of the assessee except an application was placed on record stating that the departmental appeal is not maintainable as the tax effect involved is Rs. 32,440/- and thus, much below the limit of Rs. 20 lacs fixed by the CBDT Circular No. 3/2018 dated 11.07.2018. 3. The ld. Sr.DR Mr.Manjit Singh was heard and on going through the material on record he did not dispute the position as in the copy of the ground raised itself, the AO has mentioned that the tax involved is Rs. 32,440/-. Accordingly, in view thereof, the appeal filed by the Revenue having been filed against the aforesaid circular wherein vide para 10, the tax effect in the appeals filed by the Revenue before the ITAT has been fixed at Rs. 20 lacs. The said circular is retrospective in nature.

ITA 587/CHD/2018 A.Y.2004-05 Page 2 of 2

Accordingly, the appeal of the Revenue is dismissed as having been filed in violation of the CBDT circular. Said order was pronounced in the Open Court at the time of hearing itself. 4. In the result, appeal of the Revenue is dismissed. Order pronounced in the Open Court on 04.10. 2018.

Sd/- Sd/- ( अ�नपूणा� गु�ता ) ( �दवा �संह ) (ANNAPURNA GUPTA) (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.

आदेशानुसार/ By order, सहायक पंजीकार/ Assistant Registrar

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