ACIT, CIRCLE, PANCHKULA vs. M/S JANAK GLOBAL RESOURCES PVT. LTD., PANCHKULA

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ITA 469/CHANDI/2018Status: DisposedITAT Chandigarh03 July 2018AY 2013-141 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 dismissed the Revenue's appeal based on low tax effect, without adjudicating on the merits of the case. The legal issue remains open.

What were the facts?

The Department appealed to the Tribunal. The appeal was dismissed due to low tax effect, following a CBDT circular and a High Court decision.

What were the issues?

The primary issue was whether the appeal should be dismissed due to low tax effect, as per CBDT circular and judicial precedent.

AI-generated summary — verify with the full judgment below

Cases cited in this judgment(1)Show list

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appeals by the Department before the Tribunal and further vide para 10 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. 21/2015 (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.

Order pronounced in the Open Court.

Sd/- Sd/- (ANNAPURNA GUPTA) (SANJAY GARG) ACCOUNTANT MEMBER JUDICIAL MEMBER Dated : 03.07.2018 Rkk Copy to: 1. The Appellant 2. The Respondent 3. The CIT 4. The CIT(A) 5. The DR

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