ACIT, CHANDIGARH vs. SH. VIJAY PASSI, CHANDIGARH

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ITA 810/CHANDI/2017Status: DisposedITAT Chandigarh04 September 2018AY 2012-131 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal held that the appeals filed by the Revenue were contrary to the CBDT Circular. The circular, being retrospective, bound the Tax Authorities.

What were the facts?

The Revenue filed appeals against the CIT(A)'s orders for assessment years 2012-13 and 2013-14. The tax effect in these appeals was found to be below the limit prescribed by CBDT Circular No. 3/2018.

What were the issues?

Whether appeals filed by the Revenue are maintainable when the tax effect is below the monetary limit prescribed by a retrospective CBDT circular.

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, JCIT (DR)
For Respondent: Shri Atul Mandhar, CA
Hearing: 07.08.2018Pronounced: 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. 810 & 811/CHD/2017 Assessment Year: 2012-13 & 2013-14 The ACIT, Vs Shri Vijay Passi, Circle 2(1), 177E, Industrial Area, Chandigarh. Phase-1, Chandigarh. PAN : ADRPP0345F (Appellant) (Respondent) Appellant by : Shri Ankur Alya, JCIT (DR) Respondent by : Shri Atul Mandhar, CA Date of hearing : 07.08.2018 Date of Pronouncement : 04.09.2018

ORDER PER BENCH

The present appeals have been filed by the Revenue assailing the correctness of the separate order dated 07.02.2017 of CIT(A)-I Chandigarh pertaining to the 2012-13 and 2013- 14 assessment years on identical grounds. 2. The appeals have been heard on an earlier date, however noticing the fact that the tax effect involved in these appeals is below the limit of Rs. 20 lacs, the appeals were directed to be listed to enable the parties to address the issues. The ld. Sr.DR and ld.AR agreed that the tax effect involved in the two separate appeals is much below Rs. 20 lacs in terms of CBDT Circular No. 3/2018 dated 11.07.2018 by. We notice that the said Circular is retrospective. Accordingly, the appeals of the Revenue are dismissed as having been filed contrary to the CBDT Circular by which the Tax Authorities are bound. Said order was pronounced in the Open Court at the time of hearing itself. 3. In the result, the appeals of the Revenue are dismissed. 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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