The Assistant Commissioner of Income tax, Jalandhar V. Sh. Rakesh Kumar Aggarwal, Jalandhar

ITA 222/ASR/2013

• Counselvise Citation: [2018] 121 COUNSELVISE.COM (IT) 8998 (ITAT-AMRITSAR)
• Duration Of Justice: 5 year(s) 6 month(s) 6 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-10-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 16-10-2018
• Assessment Year: 2009-2010
• Appeal Filed On: 09-04-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• 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. 222/(ASR)/2013 ASSESS MENT YEAR: 2009-10 ASST. COMMISSIONER OF INCOME TAX, CIRCLE-III, JALANDHAR VS. RAKESH KUMAR AGGARWAL, PROP. RAKESH KUMAR CONTRACTOR, SCO 17C LADOWALI ROAD, JALANDHAR [PAN: AAKPA 3150H] (APPELLANT) (RESPONDENT) APPELLANT BY : SH. CHARAN DAS (D.R.) RESPONDENT BY: NONE DATE OF HEARING: 16.10.2018 DATE OF PRONOUNCEMENT: 16.10.2018 ORDER PER SANJAY ARORA, AM: THIS IS AN APPEAL BY THE REVENUE ARISING OUT OF THE ORDER BY THE COMMISSIONER OF INCOME TAX (APPEALS), JALANDHAR (C IT(A) FOR SHORT) DATED 11.02.2013, PARTLY ALLOWING THE ASSESSEES APPEAL C ONTESTING HIS ASSESSMENT UNDER SECTION 143(3) OF THE INCOME TAX ACT, 1961 ('THE AC T' HEREINAFTER) DATED 21.11.2011 FOR THE ASSESSMENT YEAR (AY) 2009-10. 2. AT THE OUTSET, IT WAS OBSERVED BY THE BENCH THAT THE TAX EFFECT OF THE INSTANT APPEAL BY THE REVENUE IS BELOW RS. 20 LACS, I.E., T HE THRESHOLD MONETARY LIMIT APPLICABLE FOR THE REVENUES APPEALS BEFORE THE TRI BUNAL U/S. 268A OF THE ACT AS PER THE LATEST INSTRUCTION, I.E., NO. 3 OF 2018, DA TED 11.07.2018, BY THE CBDT, SO ITA NO. 222/ASR/2013 (AY 2009-10) ITO V. RAKESH KUMAR AGGARWAL 2 THAT IT IS NOT MAINTAINABLE. WITH REFERENCE TO THE GROUNDS OF APPEAL ASSUMED BEFORE US AS WELL AS THE ASSESSMENT ORDER, IT WAS CONFIRME D BY THE BENCH THAT THE TAX EFFECT OF THE INSTANT APPEAL IS MUCH BELOW RS. 20 L ACS. 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 SUPRA 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 OCTOBER 16, 2 018 SD/- SD/- (N. K. CHOUDHRY) (SANJAY ARORA) JUDICIAL MEMBER ACCOUNTANT MEMBER DATE: 16.10.2018 /GP/SR. PS. COPY OF THE ORDER FORWARDED TO: (1) THE APPELLANT: ASST. COMMISSIONER OF INCOME TAX, CIRCLE-III, JALANDHAR (2) THE RESPONDENT: RAKESH KUMAR AGGARWAL, PROP REITOR: RAKESH KUMAR CONTRACTOR, SCO 17C LADOWALI ROAD, JALAND HAR (3) THE CIT(APPEALS), JALANDHAR (4) THE CIT CONCERNED (5) THE SR. DR, I.T.A.T. TRUE COPY BY OR DER