The Income-tax Officer, Bathinda V. M/s. Amravati Ifrastructure Developers, Bathinda

CO 29/ASR/2014

• Counselvise Citation: [2016] 123 COUNSELVISE.COM (IT) 2038 (ITAT-AMRITSAR)
• Duration Of Justice: 1 year(s) 5 month(s) 22 day(s)
• Appeal Type: Cross Objection
• Pronouncement Date: 03-02-2016
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 03-02-2016
• Assessment Year: 2006-2007
• Appeal Filed On: 12-08-2014
• 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, JUDICIAL MEMBER AND SH. T.S. KAPOOR, ACCOUNTANT MEMBER ITA NO.406(ASR)/2014 ASSESSMENT YEAR:2006-07 PAN: AADCA6867F INCOME TAX OFFICER, VS. M/S. AMRAVATI INFRASTRUCTU RE WARD 1(1), BATHINDA. DEVELOPERS PVT. LTD; GURU KASHI MARG, BATHINDA. (APPELLANT) (RESPONDENT) C.O. NO.29(ASR)/2014 (ARISING OUT OF ITA NO.406(ASR)/2014) ASSESSMENT YEAR: 2006-07 PAN: AADCA6867F M/S. AMRAVATI INFRASTRUCTURE VS. INCOME TAX OFFICER , DEVELOPERS PVT. LTD; WARD 1(1), BATHINDA. BATHINDA. APPELLANT BY: SH. R.K. SHARDA, DR RESPONDENT BY: NONE DATE OF HEARING: 03/02/2016 DATE OF PRONOUNCEMENT: 03/02/2016 ORDER PER BENCH: THIS IS THE DEPARTMENTS APPEAL FOR THE ASSESSMENT YEAR 2006-07, AGAINST THE ORDER DATED 26.03.2014, PASSED BY THE L D. CIT(A), BATHINDA. THE ASSESSEE HAS ALSO FILED CROSS OBJECTION. 2. AT THE TIME OF HEARING, IT IS SEEN THAT THE TAX EFFECT INVOLVED IN PRESENT APPEAL OF THE REVENUE IS LESS THAN RS.10 L ACS. THE PRESENT APPEAL FILED BY THE DEPARTMENT IS LIABLE TO BE DISM ISSED, AS THE SAME IS NOT MAINTAINABLE, IN VIEW OF CBDT INSTRUCTION NO.21 OF 2015, DATED 10.12.2015. 3. THE LD. DR RELIED UPON THE ORDER OF THE ASSESSIN G OFFICER. 2 4. NONE APPEARED ON BEHALF OF THE ASSESSEE. 5. HAVING HEARD THE LD. DR, IT IS SEEN THAT THE TAX EFFECT INVOLVED IN EACH OF THE AFORE-MENTIONED APPEAL IS LESS THAN RS. 10,00,000/-. HENCE, AS PER CBDT INSTRUCTION NO. 21 OF 2015, DATED 10 TH DEC., 2015, WHICH IS BINDING ON THE DEPARTMENT, THE DEPARTMENT IS PRECLU DED FROM MAINTAINING THE PRESENT APPEAL, AS THIS INSTRUCTION IS APPLICABLE RETROSPECTIVELY. THEREFORE, THE AFORESAID APPEAL CAN NOT SURVIVE ANY. ACCORDINGLY, THE APPEAL FILED BY THE REVENUE IS DISMISSED AS NOT MAINTAINABLE. 6. AS REGARDS THE C.O. OF THE ASSESSEE, THE ASSESSE ES COUNSEL VIDE LETTER DATED 1 ST FEB., 2016 HAS REQUESTED FOR WITHDRAWAL OF THE SAM E. THE REQUEST OF THE ASSESEES COUNSEL IS ACCEDED TO AND THE C.O. IS DISMISSED AS WITHDRAWN. 7. IN THE RESULT, BOTH THE APPEAL OF THE REVENUE AS WELL AS C.O. OF THE ASSESSEE ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 03/02/2 016 SD/- SD/- (T.S. KAPOOR) (A.D. JAIN) ACCOUNTANT MEMBER JUDICIAL MEM BER DATED: 03/02/2016 /SKR/ COPY OF ORDER FORWARDED TO: 1. THE ASSESSEE: M/S. AMARAVATI INFRASTRUCTURE DEVE LOPERS PVT. LTD. 2. THE ITO, WARD-1(1), BATHINDA. 3. THE CIT(A), BATHINDA. 4. THE CIT, BATHINDA. 5. THE SR. DR, ITAT, ASR. TRUE COPY BY ORDER (ASSISTANT REGISTRAR) INCOME TAX APPELLATE TRIBUNAL AMRITSAR BENCH: AMRITSAR. 3