The Income-tax Officer, Srinagar V. M/s. Tariq Engineering Works, Kashmir

ITA 10/ASR/2014

• Counselvise Citation: [2019] 118 COUNSELVISE.COM (IT) 0220 (ITAT-AMRITSAR)
• Duration Of Justice: 5 year(s) 2 month(s) 22 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-03-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 28-03-2019
• Assessment Year: 2007-2008
• Appeal Filed On: 06-01-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AMRITSAR BENCH, AMRITSAR BEFORE SH. SANJAY ARORA, ACCOUNTANT MEMBER AND SH. N.K.CHOUDHRY, JUDICIAL MEMBER ITA NO.10(ASR)/2014 ASSESSMENT YEAR:2007-08 INCOME TAX OFFICER, WARD-3(3), SRINAGAR VS. M/S TARIQ ENGINEERING WORKS, KARALHAR, BARAMULLA, KASHMIR (J&K) [PAN:AAEFT 0995K] (APPELLANT) (RESPONDENT) APPELLANT BY: SH. CHARAN DA SS (LD. DR) RESPONDENT BY: SH. SUDHIR SEHGAL DATE OF HEARING: 28.03.2019 DATE OF PRONOUNCEMENT: 28.03.2019 ORDER PER N.K. CHOUDHRY THE INSTANT APPEAL HAS BEEN PREFERRED BY THE REVENUE DEPARTMENT AGAINST THE ORDER DATED 09.10.2013 PASSED B Y THE LD. CIT(A)-JAMMU, U/S 250(6) OF THE I.T. ACT, 1961 (HERE INAFTER CALLED AS THE ACT). 2. AT THE TIME OF HEARING, IT IS SEEN THAT THE TAX EFF ECT INVOLVED IN THIS APPEAL OF THE REVENUE DEPARTMENT IS LESS THAN RS.20 LACS, HENCE, THE PRESENT APPEAL FILED BY THE REVENUE DEPART MENT IS LIABLE TO BE DISMISSED, AS THE SAME IS NOT MAINTAINABLE, IN VIE W OF THE LATEST CBDT INSTRUCTION NO.03 OF 2018, DATED 11.07.20 18. 3. THE LD. DR ALSO AGREED THAT THE TAX EFFECT IN THIS A PPEAL IS LESS THAN RS.20 LACS. HENCE, AS PER CBDT INSTRUCTION NO. 03 O F 2018, DATED 11 TH JULY, 2018, WHICH IS BINDING ON THE DEPARTMENT, THE DEPARTMENT IS PRECLUDED FROM FILING THE PRESENT A PPEAL, AS THIS ITA NO.10(ASR)/2014 (A.Y.2007-08) ITO V. TARIQ ENGINEERING WORKS 2 INSTRUCTION IS APPLICABLE RETROSPECTIVELY. THEREFORE, THE AFORESAID APPEAL CAN NOT SURVIVE ANY LONGER. ACCORDINGLY, THE A PPEAL FILED BY THE REVENUE DEPARTMENT IS DISMISSED AS NOT MAINTAINABLE . 4. IN THE RESULT, THE APPEAL FILED BY THE REVENUE DEPA RTMENT IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 2 8.03.2019. SD/- SD/- (SANJAY ARORA) (N.K.CHOUDHRY) ACCOUNTANT MEMBER JU DICIAL MEMBER DATED: 11.03.2019 /PK/ PS. COPY OF THE ORDER FORWARDED TO: (1) SH. M/S TARIQ ENGINEERING WORKS, KARALHAR, BAR AMULLA, KASHMIR (J&K) (2) THE ITO, WARD-3(3), SRINAGAR (3) THE CIT(A)-JAMMU (4) THE CIT CONCERNED (5) THE SR DR, I.T.A.T., AMRITSAR TRUE COPY BY ORDER