The Assistant Commissioner of Income Tax, Hoshiarpur V. Sh. Hari Har Industries, Hoshiarpur

ITA 135/ASR/2014

• Counselvise Citation: [2015] 121 COUNSELVISE.COM (IT) 1430 (ITAT-AMRITSAR)
• Duration Of Justice: 1 year(s) 9 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 21-12-2015
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 21-12-2015
• Assessment Year: 2007-2008
• Appeal Filed On: 07-03-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department 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 NOS.134 & 135(ASR)/2014 ASSESSMENT YEARS:2003-04 & 2007-08 PAN: AACFH-0139F ASSTT. COMMR. OF INCOME TAX, VS. M/S. HARI HAR INDU STRIES, HOSHIARPUR CIRCLE, H.O.11, KRISHNA NAGAR, HOSHIARPUR. HOSHIARPUR. (APPELLANT) (RESPONDENT) C.O. NOS.57 & 56(ASR)/2014 (ARISING OUT OF ITA NOS.134 & 135(ASR)/2014) ASSESSMENT YEARS:2003-04 & 2007-08 PAN: AACFH-0139F SHRI HARI HAR INDUSTRIES, VS. ASSTT. COMMR. OF INCO ME TAX, HOSHIARPUR. HOSHIARPUR CIRCLE, HOSHIARPUR. (APPELLANT) (RESPONDENT) DEPARTMENT BY:SH. R.K. SHARDA, DR ASSESSEE BY:NONE DATE OF HEARING: 21/12/2015 DATE OF PRONOUNCEMENT: 21/12/2015 ORDER THE DEPARTMENT HAS FILED THESE TWO APPEALS FOR THE ASSESSMENT YEARS 2003-04 & 2007-08, AGAINST THE SEPARATE ORDER S, EACH DATED, 05.12.2013, PASSED BY THE LD. CIT(A), JALANDHAR. TH E ASSESSEE HAS ALSO FILED CROSS OBJECTIONS. 2. AT THE TIME OF HEARING, IT IS SEEN THAT THE TAX EFFECT INVOLVED IN THESE APPEALS OF THE REVENUE IS LESS THAN RS.10 LAC S. THE PRESENT APPEALS FILED BY THE DEPARTMENT ARE LIABLE TO BE DISMISSED, AS THE SAME ARE NOT ITA NOS.172 & 171(ASR)/2015 2 MAINTAINABLE, 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. NONE APPEARED ON BEHALF OF THE ASSESSEE, THOUGH AN APPLICATION HAS BEEN RECEIVED THROUGH FAX, WHICH IS NOT LEGIBLE . THE SAME IS REJECTED AS NOT LEGIBLE. 5. HAVING HEARD THE LD. DR, IT IS SEEN THAT THE TAX EFFECT INVOLVED IN AFORE-MENTIONED APPEALS 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 APPEALS, AS THIS INSTRUCTIO N IS APPLICABLE RETROSPECTIVELY. THEREFORE, THE AFORESAID APPEALS CANNOT SURVIVE ANY LONGER. ACCORDINGLY, BOTH THE APPEALS FILED BY THE REVENUE ARE DISMISSED AS NOT MAINTAINABLE. 6. AS REGARDS THE CROSS OBJECTIONS OF THE ASSESSEE, THE SAME DO NOT SURVIVE, SINCE WE HAVE DISMISSED THE APPEALS OF THE REVENUE AS NOT MAINTAINABLE. 6. IN THE RESULT, BOTH THE APPEALS OF THE REVENUE A ND C.OS OF THE ASSESSEE ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 21ST DEC EMBER, 2015. SD/- SD/- (T.S.KAPOOR) (A.D. JAIN) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 21/12/2015 /SKR/ COPY OF ORDER FORWARDED TO: 1. THE ASSESSEE: M/S. HARI HAR INDUSTRIES, HOSHIARP UR. 2. THE ACIT, HOSHIARPUR CIRCLE 3. THE CIT(A), JLR 4. THE CIT, JLR 5. THE SR. DR, ITAT, ASR. TRUE COPY BY ORDER ITA NOS.172 & 171(ASR)/2015 3 (ASSISTANT REGISTRAR) INCOME TAX APPELLATE TRIBUNAL AMRITSAR BENCH: AMRITSAR.