The Income tax Officer, Jammu V. Sh. Puneet Sahdev, Jammu

ITA 153/ASR/2012

• Counselvise Citation: [2018] 119 COUNSELVISE.COM (IT) 1632 (ITAT-AMRITSAR)
• Duration Of Justice: 6 year(s) 6 month(s) 14 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 15-11-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 15-11-2018
• Assessment Year: 2008-2009
• Appeal Filed On: 01-05-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: P N ARORA
• Keywords: Tax effect
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AMRITSAR BENCH, AMRITSAR. BEFORE SH. SANJAY ARORA, ACCOUNTANT MEMBER AND SH. N. K. CHOUDHRY, JUDICIAL MEMBER I.T.A. NO. 153/(ASR)/2012 ASSE SSMENT YEAR: 2008-09 ITO, WARD-2(2), JAMMU VS. PUNEET SAHDEV, PROP. M/S. PUNEET BANGLE HOUSE, JAIN BAZAR, JAMMU. [PAN: AQKPS 6682C] (APPELLANT) (RESPONDENT) APPELLANT BY : SH. ALOK KUMAR (CIT- D.R.) RESPONDENT BY: SH. P. N. ARORA (ADVOCATE) DATE OF HEARING: 15.11.2018 DATE OF PRONOUNCEMENT: 15.11.2018 ORDER PER SANJAY ARORA, AM: THIS IS AN APPEAL BY THE REVENUE ARISING OUT OF THE ORDER BY THE COMMISSIONER OF INCOME TAX (APPEALS), JAMMU (CIT(A ) FOR SHORT) DATED 29.02.2012, PARTLY ALLOWING THE ASSESSEES APPEAL C ONTESTING HIS ASSESSMENT U/S. 143(3) OF THE INCOME TAX ACT, 1961 ('THE ACT' HEREI NAFTER) DATED 31.03.2008 FOR THE ASSESSMENT YEAR (AY) 2008-09. 2. AT THE VERY OUTSET, IT WAS SUBMITTED BY THE LD. AR, THE ASSESSEES COUNSEL, SH. P.N. ARORA, ADVOCATE, THAT THE TAX EFFECT OF TH E REVENUES APPEAL IS BELOW RS.20 LACS, I.E., THE THRESHOLD MONETARY LIMIT APPL ICABLE FOR THE REVENUES APPEALS BEFORE THE TRIBUNAL U/S. 268A OF THE ACT AS PER THE LATEST INSTRUCTION, I.E., NO. 3 OF ITA NO. 153/ASR/2012 (AY 2008-09) ITO V. PUNEET SAHDEV 2 2018, DATED 11.07.2018, BY THE CBDT. WITH REFERENCE TO THE GROUNDS OF APPEAL AS WELL AS THE ASSESSMENT ORDER, IT WAS CONFIRMED BY T HE BENCH THAT THE ADDITION BEING AGITATED IS FOR RS.34.22 LACS, ENTAILING A TAX EFFE CT AT RS.11.05 LACS. 3. SECTION 268A OF THE ACT PROVIDES THAT AN APPELLA TE AUTHORITY, INCLUDING THE APPELLATE TRIBUNAL, SHALL HAVE REGARD TO THE INSTRU CTIONS, DIRECTIONS, ORDERS, ETC. ISSUED BY THE BOARD FROM TIME TO TIME FIXING MONETA RY LIMITS FOR THE PURPOSE OF REGULATING THE FILING OF APPEALS BY THE REVENUE BEF ORE THE DIFFERENT APPELLATE AUTHORITIES, AND WHICH SHALL, WHILE DECIDING THOSE APPEALS, HAVE REGARD TO THE SAID LIMITS. THE MONETARY LIMIT FIXED PER THE LATEST INS TRUCTION FOR THE APPEALS BEFORE THE TRIBUNAL IS RS. 20 LACS. 4. UNDER THE CIRCUMSTANCES, THEREFORE, THE INSTANT APPEAL, BEING COVERED BY SECTION 268A READ WITH THE APPLICABLE INSTRUCTION C ITED SUPRA, WHICH IS TO APPLY FOR PENDING APPEALS AS WELL, IS NOT MAINTAINABLE. THE R EVENUES APPEAL IS ACCORDINGLY DISMISSED IN LIMINE AS NOT MAINTAINABLE. WE DECIDE ACCORDINGLY. 5. IN THE RESULT, THE REVENUES APPEAL IS DISMISSED IN LIMINE . ORDER PRONOUNCED IN THE OPEN COURT ON NOVEMBER 15, 2018 SD/- SD/- (N. K. CHOUDHRY) (SANJAY ARORA) JUDICIAL MEMBER ACCOUNTANT MEMBER DATE: 15.11.2018 PKK. COPY OF THE ORDER FORWARDED TO: (1) THE APPELLANT: ITO, WARD-2(2), JAMMU (2) THE RESPONDENT: SHRI PUNEET SAHDEV, PROP. M /S. PUNEET BANGLE HOUSE, JAIN BAZAR, JAMMU. (3) THE CIT(APPEALS), JAMMU TRUE COPY (4) THE CIT CONCERNED (5) THE SR. DR, I.T.A.T BY ORDER