The Asstt. Commissioner of Income-tax, Srinagar V. M/s. Star Constructions, Srinagar

ITA 150/ASR/2014

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 8890 (ITAT-AMRITSAR)
• Duration Of Justice: 1 year(s) 10 month(s) 22 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 01-02-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 01-02-2016
• Assessment Year: 2010-2011
• Appeal Filed On: 10-03-2014
• 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 NO.150(ASR)/2014 ASSESSMENT YEAR:2010-11 PAN: AATFS0796A ASSTT. COMMR. OF INCOME TAX, VS. M/S. STAR CONSTRUC TIONS, CIRCLE, SRINAGAR. ALNOOR COMPLEX, SRINAGAR. (APPELLANT) (RESPONDENT) APPELLANT BY:SH. R.K. SHARDA, DR RESPONDENT BY: SH. NONE DATE OF HEARING: 01/02/2016 DATE OF PRONOUNCEMENT: 01/02/2016 ORDER PER A.D. JAIN, JM: THIS IS THE DEPARTMENTS APPEAL FOR THE ASSESSMENT YEAR 2010-11, AGAINST THE ORDER DATED 20.12.2013, PASSED BY THE L D. CIT(A), JAMMU. 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. 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 2 RETROSPECTIVELY. THEREFORE, THE AFORESAID APPEAL CAN NOT SURVIVE ANY. ACCORDINGLY, THE APPEAL FILED BY THE REVENUE IS DISMISSED AS NOT MAINTAINABLE. 6. ORDER PRONOUNCED IN THE OPEN COURT ON 01/02 /2016 (T.S. KAPOOR) (A.D. JAIN) ACCOUNTANT MEMBER JUDICIAL MEM BER DATED: 01/02/2016 /SKR/ COPY OF ORDER FORWARDED TO: 1. THE ASSESSEE:M/S. STAR CONSTRUCTIONS, SRINAGAR. 2. THE ACIT, CIRCLE, SGR. 3. THE CIT(A), JAMMU. 4. THE CIT, JAMMU. 5. THE SR. DR, ITAT, ASR. TRUE COPY BY ORDER (ASSISTANT REGISTRAR) INCOME TAX APPELLATE TRIBUNAL AMRITSAR BENCH: AMRITSAR.