INCOME TAX OFFICER, WARD-1, MANDI GOBINDGARH, HQ SIRHIND vs. NEW FATEHGARH SAHIB SIRHIND BUS TRANSPORT PVT. LTD., SIRHIND

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ITA 470/CHANDI/2023Status: DisposedITAT Chandigarh05 July 2024AY 2019-20Bench: SHRI KRINWANT SAHAY (Accountant Member), SHRI PARESH M. JOSHI (Judicial Member)8 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal held that the Revenue's appeal was not maintainable due to a low tax effect and the absence of any exceptions under the CBDT circulars, despite a subsequent Supreme Court judgment. The delay in filing the appeal was not condoned.

What were the facts?

The assessee declared 'Nil' income, but the Tax Audit Report indicated delays in remitting employees' ESI & EPF contributions. The CPC made a disallowance of Rs. 2,63,757/- under Section 36(1)(va) of the Income Tax Act. The CIT(A) allowed the assessee's appeal.

What were the issues?

Whether the Revenue's appeal is maintainable when the tax effect is below the prescribed monetary limits, and whether a subsequent Supreme Court judgment can justify condoning the delay in filing such an appeal.

Which sections of the Income-tax Act were involved?

Section 36(1)(va),Section 139(1),Section 43B,Section 154

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, CHANDIGARH

Before: SHRI KRINWANT SAHAY & SHRI PARESH M. JOSHI,

For Respondent: Shri Dharam Vir, JCIT, Sr.DR
Hearing: 04.07.2024Pronounced: 05.07.2024
15.

In the result the appeal of the Revenue is dismissed.

Order pronounced on 05.07.2024.

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