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Income Tax Appellate Tribunal, DIVISION BENCH ‘B’, CHANDIGARH
Before: SHRI SANJAY GARG & MS. ANNAPURNA GUPTA
IN THE INCOME TAX APPELLATE TRIBUNAL DIVISION BENCH ‘B’, CHANDIGARH
BEFORE SHRI SANJAY GARG, JUDICIAL MEMBER AND MS. ANNAPURNA GUPTA, ACCOUNTANT MEMBER ITA No.1432/Chd/2017 (Assessment Year : 2013-14) The D.C.I.T., Vs. M/s Rico Casting, Circle-1, B-26, Focal Point, Ludhiana. Ludhiana. PAN: AADCR4805Q (Appellant) (Respondent)
Appellant by : Ms.Geetinder Mann, Sr.DR Respondent by : None. Date of hearing : 30.07.2018 Date of Pronouncement : 30.07.2018 ORDER PER ANNAPURNA GUPTA, A.M. :
This appeal has been preferred by the assessee against
the order of Ld. Commissioner of Income Tax (Appeals)-2,
Ludhiana dated 14.7.2017 relating to assessment year
2013-14.
At the outset, the Ld. AR has stated that 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 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
ITA No.1432/Chd/2017 2 A.Y.2013-14
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.
In the result, the Departmental appeal is dismissed.
Order pronounced in the Open Court.
Sd/- Sd/- (SANJAY GARG) (ANNAPURNA GUPTA) JUDICIAL MEMBER ACCOUNTANT MEMBER Dated : 30th July, 2018 *Rati* Copy to: 1. The Appellant 2. The Respondent 3. The CIT(A) 4. The CIT 5. The DR
Assistant Registrar, ITAT, Chandigarh
ITA No.1432/Chd/2017 3 A.Y.2013-14