M/s. Stelco Limited, Rampura Phul V. The Asstt. Commissioner of Income-tax, Bathinda

CO 23/ASR/2014

• Counselvise Citation: [2016] 123 COUNSELVISE.COM (IT) 1844 (ITAT-AMRITSAR)
• Duration Of Justice: 1 year(s) 6 month(s) 24 day(s)
• Appeal Type: Cross Objection
• Pronouncement Date: 20-01-2016
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 20-01-2016
• Assessment Year: 2009-2010
• Appeal Filed On: 26-06-2014
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: R K SHARDA
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AMRITSAR BENCH; AMRITSAR BEFORE SH. A.D.JAIN, HONBLE JUDICIAL MEMBER AND SH. T.S. KAPOOR, HONBLE ACCOUNTANT MEMBER I.T.A NOS. 329, 330 & 500(ASR)/2014 ASSESSMENT YEARS: 2008- 09, 2009-10 & 2011-12 THE ASST. CIT, CIRCLE-1, BATHINDA. VS. M/S STELCO LTD. BATHINDA ROAD, RAMPURA PHUL. PAN: AAHCS7936B (APPELLANT) (RESPONDENT) CROSS OBJECTION NOS. 22, 23 & 47(ASR)/2014 (ARISING OUT OF ITA NOS. 329, 330 & 500(ASR)/2014) ASSESSMENT YEARS: 2008-09, 2009-10 & 2011-12 M/S STELCO LTD. BATHINDA ROAD, RAMPURA PHUL. PAN: AAHCS7936B VS. THE ASST. CIT, CIRCLE-1, BATHINDA. (CROSS OBJECTOR) (RESPONDENT) APPELLANT BY: SH. R.K. SHARDA (DR.) RESPONDENT BY: WRITTEN SUBMISSION. DATE OF HEARING: 20.01.2016 DATE OF PRONOUNCEMENT: 20 .01.2016 ORDER PER BENCH: THESE ARE THREE DEPARTMENTS APPEALS FOR THE DIFFER ENT ASSESSMENT YEARS, AGAINST THE DIFFERENT ORDERS OF LEARNED CIT(A), ALL THE SEP ARATE ORDERS DATED RESPECTIVELY. THE ABOVE APPEALS FILED BY THE DEPARTMENT WHEREAS THE A SSESSEE HAS ALSO FILED THE CROSS OBJECTIONS. 2 2. AT THE TIME OF HEARING, IT IS SEEN THAT THE TAX EFFECT INVOLVED IN ALL THESE APPEALS OF THE REVENUE IS LESS THAN RS.10 LACS. THE PRESENT AP PEALS FILED BY THE DEPARTMENT ARE LIABLE TO BE DISMISSED, AS THE SAME ARE NOT MAINTAI NABLE, IN VIEW OF CBDT INSTRUCTION NO.21 OF 2015, DATED 10.12.2015. [ 3. THE LD. DR RELIED UPON THE ORDERS OF THE ASSESSI NG OFFICERS. 4. HAVING HEARD THE LD. DR, IT IS SEEN THAT THE TAX EFFECT INVOLVED IN EACH OF THE AFORE-MENTIONED APPEALS IS LESS THAN RS.10,00,0 00/-. HENCE, AS PER CBDT INSTRUCTION NO. 21 OF 2015, DATED 10 TH DEC., 2015, WHICH IS BINDING ON THE DEPARTMENT, THE DEPARTMENT IS PRECLUDED FROM FILING THE PRESENT APPEALS, AS THIS INSTRUCTION IS APPLICABLE RETROSPECTIVELY. THEREFOR E, NONE OF THE AFORESAID APPEALS CAN SURVIVE ANY LONGER. ACCORDINGLY, ALL THE APPEAL S FILED BY THE REVENUE ARE DISMISSED AS NOT MAINTAINABLE. 5. IN VIEW OF ABOVE, ALL THE ABOVE APPEALS OF THE R EVENUES ARE DISMISSED. 6. THE REVENUES APPEALS HAVE BEEN DISMISSED, AS SU CH THE CROSS OBJECTIONS FILED BY THE ASSESSEES DO NOT SURVIVE AND HENCE THE Y ARE ALSO DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 20 TH JANUARY, 2016. SD/- SD/- (A.D. JAIN) (T. S. KAPOOR) JUDICIAL MEMBER ACCOUNTANT ME MBER DATED: 20.01.2016. /PK/ PS. 3 COPY OF THE ORDER FORWARDED TO: 1. THE ASSESSEE: 2. THE 3. THE CIT(A), 4. THE CIT, 5. THE SR DR, I.T.A.T., TRUE COPY BY ORDER (ASSISTANT REGISTRAR) INCOME TAX APPELLATE TRIBUNAL, AMRITSAR BENCH: AMRITSAR.