The Income Tax Offficer, Bathinda V. Smt. Amanteshwar, Bathinda

ITA 151/ASR/2014

• Counselvise Citation: [2015] 121 COUNSELVISE.COM (IT) 1475 (ITAT-AMRITSAR)
• Duration Of Justice: 1 year(s) 9 month(s) 5 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-12-2015
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 16-12-2015
• Assessment Year: 2009-2010
• Appeal Filed On: 11-03-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect
• Section: 54

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 NO.151(ASR)/2014 ASSESSMENT YEAR: 2009-10 THE INCOME TAX OFFICER, WARD-I(1), BATHINDA. VS. SMT. AMANTESHWAR, #F-77,MANSA ROAD, BATHINDA. PAN:AFFOA9379C (APPELLANT) (RESPONDENT) APPELLANT BY: SMT. KANCHAN GARG (DR. ) RESPONDENT BY: NONE. DATE OF HEARING: 16.12.2015 DATE OF PRONOUNCEMENT: 16.12.2015 ORDER PER T. S. KAPOOR (AM): THIS IS AN APPEAL FILED BY THE DEPARTMENT AGAINST T HE LEARNED CIT(A), BATHINDA, DATED 27.12.2013 FOR THE ASST. YEAR 2009- 10. 2. THE FOLLOWING GROUNDS HAVE BEEN TAKEN BY THE REV ENUE: (I). THAT ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE, THE LD. CIT(A), HAS ERRED IN DELETING THE ADDITION OF RS.29,61,742/ - BY PROVIDING DEDUCTION U/S 54 AGAINST THE SAME. (II) THAT IS PRAYED THAT THE ORDER OF THE LD. CIT(A ) BE SET ASIDE AND THAT OF THE ASSESSING OFFICER BE RESTORED. ITA NO. 151(ASR)/2014 ASST. YEAR 2009-10 2 2. AT THE TIME OF HEARING NO BODY ON BEHALF OF ASSE SSEE WAS PRESENT, HOWEVER LEARNED COUNSEL FOR THE ASSESSEE HAD FILED WRITTEN SUBMISSIONS. WHILE GOING THROUGH THE APPEAL FILE WE FOUND THAT TAX EFF ECT IN THIS APPEAL IS LESS THAN RS.10 LACS. THEREFORE, THE PRESENT APPEAL FILED BY THE DEPARTMENT IS NOT MAINTAINABLE BEING CONTRARY TO CBDTS INSTRUCTION N O.21 OF 2015 DATED 10.12.2015. 3. THE LD. DR HOWEVER, RELIED UPON THE ORDER OF TH E ASSESSING OFFICER. 4. SINCE THE TAX EFFECT INVOLVED IN THIS 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, TH E DEPARTMENT IS PRECLUDED FROM FILING THE PRESENT APPEAL, AS THIS I NSTRUCTION IS APPLICABLE RETROSPECTIVELY. THEREFORE, IN OUR CONSIDERED OPINI ON, THE SAID INSTRUCTION OF CBDT IS BINDING UPON THE DEPARTMENT AND THE PRES ENT APPEAL HAS BEEN FILED CONTRARY TO THE SAID INSTRUCTION ISSUED BY THE CBDT. ACCORDINGLY, THE APPEAL FILED BY THE REVENUE IS DIS MISSED, AS NOT MAINTAINABLE. 9. IN VIEW OF THE ABOVE, THE APPEAL FILED BY THE RE VENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 16 TH DECEMBER, 2015. SD/- SD/- (A.D. JAIN) (T. S. KAPOOR) JUDICIAL MEMBER ACCOUNTANT ME MBER DATED:16.12.2015. /PK/ PS. ITA NO. 151(ASR)/2014 ASST. YEAR 2009-10 3 COPY OF THE ORDER FORWARDED TO: THE ASSESSEE: THE THE CIT(A), THE CIT, THE SR DR, I.T.A.T., TRUE COPY BY ORDER (ASSISTANT REGISTRAR) INCOME TAX APPELLATE TRIBUNAL, AMRITSAR BENCH: AMRITSAR.