ACIT, SANGRUR vs. M/S KRISHNA KRISHNA JEWELLERS AND INVESTMENT (P) LTD., SANGRUR

PDF · subscribers
ITA 698/CHANDI/2016Status: DisposedITAT Chandigarh16 July 2018AY 2008-093 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal dismissed the Revenue's appeal due to low tax effect, citing CBDT Circular No. 3/2018 and a Punjab & Haryana High Court decision. The assessee's cross-objections were dismissed as not pressed.

What were the facts?

The Revenue filed an appeal against the CIT(A)'s order, and the assessee filed cross-objections. The tax effect in the Revenue's appeal was below Rs. 20 lacs.

What were the issues?

The primary issue was whether the Revenue's appeal should be dismissed on the grounds of low tax effect, as per CBDT circulars and judicial precedents.

AI-generated summary — verify with the full judgment below

Cases cited in this judgment(1)Show 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.

Income Tax Appellate Tribunal, CHANDIGARH BENCHES, ‘A’ CHANDIGARH

Before: SHRI SANJAY GARG & Ms. ANNAPURNA GUPTA

Hearing: 16.07.2018Pronounced: 16.07.2018

Heard together (2 matters)

C.O. No. 27/Chd/2016
ITA No. 698/Chd/2016

Read from the judgment's own cause title. This page is filed under one of them.

Per Sanjay Garg, Judicial Member:

The captioned appeal by the Revenue and Cross objections by the assessee have been preferred against the order dated 04.03.2016 of the

Commissioner of Income Tax (Appeals), Patiala [hereinafter referred to as

CIT(A)].

2.

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.

3.

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 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.

C.O. No. 698/Chd/2016 :

At the outset, Ld. Counsel for the assessee submitted in writing that 4.

he does not intend to press the Cross objections raised. Consequently, the

Cross objections raised by the assessee are dismissed as ‘not pressed’.

In the result, the appeal of the Revenue and cross objections of the assessee are dismissed.

Order pronounced in the Open Court.

Sd/- Sd/- (ANNAPURNA GUPTA) (SANJAY GARG) ACCOUNTANT MEMBER JUDICIAL MEMBER Dated : 16.07.2018 Rkk Copy to: 1. The Appellant 2. The Respondent 3. The CIT 4. The CIT(A) 5. The DR

Recent GST High Court judgments

Search GST case law →