Loading judgment…
No AI summary yet for this case.
Income Tax Appellate Tribunal, DIVISION BENCH ‘B’, CHANDIGARH
Before: MS.DIVA SINGH & MS. ANNAPURNA GUPTA
IN THE INCOME TAX APPELLATE TRIBUNAL DIVISION BENCH ‘B’, CHANDIGARH
BEFORE MS.DIVA SINGH, JUDICIAL MEMBER AND MS. ANNAPURNA GUPTA, ACCOUNTANT MEMBER ITA No.430/Chd/2018 (Assessment Year : 2014-15) The Income Tax Officer, Vs. M/s Pugmark Interweb (P)Ltd., Ward-4(3), SCO-343-345, Sector-34-A, Chandigarh. Chandigarh. PAN: AABCP0712 (Appellant) (Respondent)
Appellant by : Shri Manjit Singh, Sr.DR Respondent by : S/Shri Ajay Jain & Yogesh Monga, CA Date of hearing : 25.06.2018 Date of Pronouncement : 25.06.2018
ORDER PER ANNAPURNA GUPTA, A.M. : This appeal has been preferred by the assessee against
the order of Ld. Commissioner of Income Tax (Appeals),
Chandigarh dated 25.1.2018 relating to assessment year
2014-15.
It is stated that in the present appeal the tax effect is
less than the prescribed limit provided by the recent CBDT
Circular.
According to Circular No.21/2015 dated 10.12.2015,
the CBDT in supercession of earlier instructions has
directed that department’s appeals before ITAT shall not be
filed in cases where the tax effect does not exceed the
monetary limit of Rs.10 lacs. The tax will not include any
interest thereon. It is further clarified that if in the case of
an assessee, disputed issues arise in more than one
assessment year, appeal can be filed in respect of such
assessment year or years in which the tax effect in respect
of disputed issues exceeds the monetary limit so specified.
This instruction will apply retrospectively to pending
appeals and appeals to be filed henceforth before the
Tribunal. The pending appeals below the specified tax limit
may be withdrawn/not pressed.
Admittedly, in the departmental appeal, the tax effect
is less than Rs.10 lacs, therefore, departmental appeal is
not maintainable. The learned CIT (Appeals) decided the
issue in departmental appeal on facts and the case of the
revenue would not fall in the exceptions provided in the
above circular.
In view of the above, learned D.R. stated that since
departmental appeal is filed against the CBDT instructions,
therefore, he would not be pressing departmental appeal.
Therefore, the above departmental appeal is dismissed being
not pressed.
In the result, the Departmental appeal is dismissed. Order pronounced in the Open Court.
Sd/- Sd/- (DIVA SINGH) (ANNAPURNA GUPTA) JUDICIAL MEMBER ACCOUNTANT MEMBER Dated : 25th June, 2018 *Rati* Copy to: 1. The Appellant 2. The Respondent 3. The CIT(A) 4. The CIT 5. The DR
Assistant Registrar, ITAT, Chandigarh