ACIT, LUDHIANA vs. SH. VINAY SINGAL, LUDHIANA

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ITA 885/CHANDI/2015Status: DisposedITAT Chandigarh04 September 2018AY 2008-091 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 appeal was not maintainable due to the low tax effect. The Revenue's appeal was dismissed on this ground, as the tax authorities are bound by the CBDT circulars.

What were the facts?

The Revenue filed an appeal against the CIT(A)'s order quashing a penalty of Rs. 15,23,550/- imposed under Section 271(1)(c). The tax effect involved in the appeal was below the Rs. 20 lacs limit stipulated by CBDT circulars.

What were the issues?

Whether an appeal filed by the Revenue is maintainable when the tax effect is below the prescribed limit in the CBDT circulars.

Which sections of the Income-tax Act were involved?

Section 271(1)(c)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DIVISION BENCHES ‘B’, CHANDIGARH

Before: MS. DIVA SINGH & MS. ANNAPURNA GUPTA

For Appellant: Shri Ankur Alya, Sr.DR
For Respondent: Shri Ashwani Kumar
Hearing: 09.08.2018Pronounced: 04.09.2018

IN THE INCOME TAX APPELLATE TRIBUNAL DIVISION BENCHES ‘B’, CHANDIGARH

BEFORE MS. DIVA SINGH, JUDICIAL MEMBER AND MS. ANNAPURNA GUPTA,ACCOUNTANT MEMBER ITA No. 885/CHD/2015 Assessment Year: 2008-09

The ACIT, Vs Shri Vinay Singal, Circle 5, C/o M/s Eastman Impex, Ludhiana. B-XXX/1691, Focal Point, Ludhiana. PAN : ADVPS8356H (Appellant) (Respondent)

Appellant by : Shri Ankur Alya, Sr.DR Respondent by : Shri Ashwani Kumar Date of hearing : 09.08.2018 Date of Pronouncement : 04.09.2018

ORDER PER DIVA SINGH

The present appeal has been filed by the Revenue assailing the correctness of the order dated 09.09.2015 of CIT(A)-2 Ludhiana pertaining to the 2008-09 assessment year wherein the penalty imposed u/s 271(1)(c) of the Act amounting to Rs. 15,23,550/- was quashed in appeal. The said order has been challenged by the Revenue in the penalty proceedings. 2. It was common stand of the parties before the Bench that the tax effect involved in the present departmental appeal is below the taxable limited of Rs. 20 lacs and thus the appeal is not maintainable in terms of the above circular. 3. Accordingly, in view of the above, the appeal of the Revenue is dismissed on the grounds of low tax effect in terms of the 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 04.09.2018.

Sd/- Sd/- (ANNAPURNA GUPTA) ( DIVA SINGH) ACCOUNTANT MEMBER JUDICIAL MEMBER ‘Poonam’ Copy to: 1.The Appellant 2. The Respondent 3.The CIT 4.The CIT(A)5.The DR Asstt. Registrar ITAT,Chandigarh.

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