Gilard Electronics Pvt. Ltd., Mohali vs Department Of Income Tax
- CitationITA No. 857/CHD/2014
Ratio decidendi
The rule this decision rests on
The Tribunal dismissed the departmental appeal on the ground that, where the tax effect does not exceed the monetary limit fixed by the CBDT's instruction, an appeal filed by the revenue before the Tribunal is not maintainable and must be dismissed without examining any question of law.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
The ACI T, Vs Gilard Electronics Pvt. Ltd., Circle 6(1), C-132, Industrial Area, Mohali. Phase - 8, Mohali.
PAN: AAACG7797F
(Appellant) (Respondent)
Appellant by : Shri R.K.Gupta Respondent by : Shri Sunil Kumar
Date of Hearing : 04.06.2015 Date of Pronouncement : 04.06.2015
O R D E R
PER BHAVNESH SAINI,JM
This appeal by revenue is directed against the order of ld.
CIT(Appeals) Chandigarh dated 14.08.2014 for assessment year
2008-09.
2. Briefly the facts of the case are that in this case
assessment was completed under section 143(3) of the Act. The
Assessing Officer later on passed the order under section 154 of
the Act making the addition of Rs. 1,72,240/- on account of
'ISO 9000' on expenses considering it to be capital in nature.
The ld. CI T(Appeals) noted that it is a debatable issue and would
not fall within the ambit of Section 154 of the Income Tax Act
and accordingly, deleted the addition. The appeal of the
assessee was thus, allowed.
2
3. Considering the above facts, we find that the departmental
appeal is filed on 10.10.2014 in the office of the Tribunal and
the tax effect does not exceed Rs. 4,00,000/-. According to
recent instruction No. 5/2014 dated 10.07.2014, the CBDT has
directed that departmental appeal be not filed before the
Tribunal when the tax effect does not exceed mandatory limit of
Rs. 4,00,000/-. Considering the issue in the light of the Board's
circular, the appeal of the revenue is not maintainable and is
liable to be dismissed being filed against the CBDT instruction.
No question of law arises out of the departmental appeal. The
departmental appeal therefore, stands dismissed.
4. In the result, departmental appeal is dismissed.
Order pronounced in the Open Court on 4 t h June,2015.
Sd/- Sd/- (T.R.SOOD) (BHAVNESH SAINI) ACCOUNTANT MEMBER JUDICIAL MEMBER Dated: 4 t h June,2015. 'Poonam' Copy to:
The Appellant, The Respondent, The CIT(A), The CIT,DR
Assistant Registrar, ITA T Chandigarh
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