The Incme-tax Officer, Srinagar V. Shri Ghulam Mohd. Bhat, Kashmir

ITA 201/ASR/2014

• Counselvise Citation: [2017] 130 COUNSELVISE.COM (IT) 8718 (ITAT-AMRITSAR)
• Duration Of Justice: 2 year(s) 11 month(s) 14 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 15-03-2017
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 09-03-2017
• Assessment Year: 2010-2011
• Appeal Filed On: 01-04-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AMRITSAR BENCH; AMRITSAR BEFORE SH.T.S. KAPOOR, ACCOUNTANT MEMBER AND SH.N.K.CHOUDHRY, JUDICIAL MEMBER I.T.A NO.201(ASR)/2014 ASSESSMENT YEAR:2010-11 INCOME TAX OFFICER, WARD 3(2), SRINAGAR. VS. SHRI GHULAM MOHD. BHAT, PROP. M/S BHAT AND SONS BUHAMA KUPWARA, KASHMIR. PAN:AJMPB-3853B (APPELLANT) (RESPONDENT) APPELLANT BY: SH. RAHUL DHAWAN (DR.) RESPONDENT BY: NONE. DATE OF HEARING: 09.03.2017 DATE OF PRONOUNCEMENT: 15.03.20 17 ORDER PER T. S. KAPOOR (AM): THIS IS AN APPEAL FILED BY THE REVENUE AGAINST THE ORDER OF LD. CIT(A), JAMMU, DATED 31.01.2014 FOR ASST. YEAR: 201 0-11. 2. AT THE TIME OF HEARING, IT WAS SEEN THAT ASSESSI NG OFFICER HAD MADE ADDITION OF RS.33,10,871/- BY WORKING OUT @ 10% OF GROSS RECEIPTS. THE LD. CIT(A) HAS REDUCED THE ADDITION FROM 10% TO 7%, THEREFORE, HAD ALLOWED RELIEF TO THE EXTENT OF RS.10 LACS APPROXIM ATELY ON WHICH TAX EFFECT IS LESS THAN RS.10 LACS. THEREFORE, THE PRES ENT APPEAL FILED BY THE DEPARTMENT IS LIABLE TO BE DISMISSED, AS THE SAME I S NOT MAINTAINABLE, IN VIEW OF CBDT INSTRUCTION NO.21 OF 2015, DATED 10.12 .2015. ITA NO.20 1(ASR)/2014 ASST. YEAR: 2010-11 2 3. THE LD. DR ALSO AGREED THAT THE TAX EFFECT IN TH IS APPEAL IS LESS THAN RS.10 LACS. 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, THE AFORESAID APPEAL CA N NOT SURVIVE ANY LONGER. ACCORDINGLY, THE APPEAL FILED BY THE REVENU E IS DISMISSED AS NOT MAINTAINABLE. 4. IN VIEW OF ABOVE, THE APPEAL FILED BY THE REVENUE I S DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON THE CONCLUSION OF HEARING ORALLY IS PRONOUNCED IN WRITING ON 15.03. 2017. SD/- SD/- (N.K.CHOUDHRY ) (T. S. KAPOOR) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 15.03.2017. /PK/ PS. COPY OF THE ORDER FORWARDED TO: (1) THE ASSESSEE: (2) THE (3) THE CIT(A), (4) THE CIT, (5) THE SR DR, I.T.A.T., TRUE COPY BY ORDER