Income Tax Appellate Tribunal - Chandigarh
Calcutta Knitwears, Ludhiana vs Department Of Income Tax on 10 May, 2016
IN THE INCOME TAX APPELLATE TRIBUNAL
DIVISION BENCH, CHANDIGARH
BEFORE SHRI H.L.KARWA, VICE PRESIDENT
AND MS. RANO JAIN, ACCOUNTANT MEMBER
IT(SS)A. No.20/Chd/2008
(Block Period 1.4.1996 to 31.3.2002)
The A.C.I.T., Vs. M/s Calcutta Knitwears,
Circle VII, Bindraban Road,
Ludhiana. Civil Lines, Ludhiana.
PAN: AAAFC6025B
Appellant by : Shri Sushil Kumar, DR
Respondent by : Shri Hari Om Arora
Date of hearing : 09.05.2016
Date of Pronouncement : 10.05.2016
O R D E R
PER RANO JAIN, A.M. :
The appeal filed by the Revenue is directed against the order of learned Commissioner of Income Tax (Appeals)-II, Ludhiana dated 27.8.2008 for Block Period 1.4.1996 to 31.3. 2002.
2. It is stated that in the present appeal the tax effect is less than the prescribed limit provided by the recent CBDT Circular.
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3. 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 The pending appeals below the specified tax limit may be withdrawn/not pressed.
4. 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.
5. 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. 3
8. In the result, the appeal of the Revenue is dismissed.
Order pronounced in the open court on this 10th day of May, 2016.
Sd/- Sd/- (H.L.KARWA) (RANO JAIN) VICE PRESIDENT ACCOUNTANT MEMBER Dated : 10 t h May, 2016 *Rati*
Copy to: The Appellant/The Respondent/The CIT(A)/The CIT/The DR.
Assistant Registrar, ITAT, Chandigarh