INCOME TAX OFFICER, WARD-1(2), BATHINDA V. MESERS MADAN LAL BANSAL & COMPANY CONTRACTOR PVT . LTD., BATTHINDA

ITA 228/ASR/2018

• Counselvise Citation: [2019] 116 COUNSELVISE.COM (IT) 1516 (ITAT-AMRITSAR)
• Duration Of Justice: 1 year(s) 4 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 04-09-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 28-08-2019
• Assessment Year: 2014-2015
• Appeal Filed On: 19-04-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: AMAR PAL ME ENA LD
• Assessee Lawyers: P N ARORA LD; SSH JOGINDER SI NGH LD
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBU NAL AMRITSAR BENCH, AMRITSAR BEFORE SH. B.R. BASKARAN, ACCOUNTANT MEMBER AN D SH. N.K.CHOUDHRY, JUDICIAL MEMBER ITA NO.529/ASR/2016 ASSESSMENT YEAR:2008-09 INCOME TAX OFFICER ANANTNAG, KASHMIR VS. SH. FAYAZ AHMAD KHANDAY S/O SH. HAJI GHULAM MOHD. KHANDAY R/O KANDIZAL DISTT. PULWAMA KASHMIR [PAN:BHVPK 5305H] (APPELLANT) (RESPONDENT) ITA NO. 472/ASR/2018 ASSESSMENT YEAR:2010-11 DY. CIT CIRCLE-I, JALANDHAR VS. SH. DARSHAN GARG S/O SH. JAGAN NATH, 214, DR. MELA RAM STREET, VISHAL NAGAR, BATHINDA [PAN:AEQPK 7457P] (APPELLANT) (RESPONDENT) ITA NO.228/ASR/2018 ASSESSMENT YEAR:2014-15 INCOME TAX OFFICER WARD-1(2), BATHINDA VS. M/S. MADAN LAL BANSAL & COMPANY CONTRACTORS PVT. LTD. GALI NO.3, BIBIWALA ROAD BATHINDA [PAN:AAACM 9330Q] (APPELLANT) (RESPONDENT) APPELLANT BY: SH. AMAR PAL ME ENA (LD. DR) RESPONDENT BY: S/SH. JOGINDER SI NGH (LD. CA) & P.N. ARORA (LD. ADV.) DATE OF HEARING: 28.08.2019 DATE OF PRONOUNCEMENT: 04.09.2019 ORDER 2 PER N.K.CHOUDHRY: THE REVENUE DEPARTMENT HAS PREFERRED THE CAPTIONED AP PEALS AGAINST THE ORDERS IMPUGNED HEREIN PASSED BY THE LD. C IT(A) IN THE CAPTIONED MATTER U/S 250(6) OF THE ACT, 1961 (HEREINAF TER CALLED AS THE ACT). 2. AT THE OUTSET IT IS OBSERVED THAT TAX EFFECT INVOLVED IN THE APPEALS UNDER CONSIDERATION INDIVIDUALLY IS NOT MORE T HAN 50 LACS, HENCE THE INSTANT APPEALS ARE LIABLE TO BE DISMISSED AS N OT MAINTAINABLE, IN VIEW OF THE LATEST CBDT CIRCULAR NO. 17/2019, DATED 08.08.2019 WHEREBY THE REVENUE DEPARTMENT IS PRECLUD ED FROM FILING THE APPEALS(S) BEFORE APPELLATE TRIBUNAL AGAINST THE ORDER (S) OF CIT(A), IN WHICH THE TAX EFFECT DOES NOT EXCEED RS. 50,0 0,000/- AS SPECIFIED IN THE CIRCULAR AND THE CBDT CLARIFICATION D ATED 20 TH AUGUST 2019 WHEREBY IT IS CLARIFIED THAT REVISED MONETARY LI MITS SO MENTIONED IN THE CIRCULAR 17/2019 IS APPLICABLE TO ALL PENDING SLPS/APPEALS/CROSS OBJECTIONS/REFERENCES. 3. HOWEVER THE LIBERTY IS GRANTED TO THE REVENUE DEPAR TMENT TO SEEK RECALL OF THE ORDER, IN CASE IT REALIZE THAT THE CAPTIO NED APPEAL FALLS WITHIN THE EXCEPTION AS PRESCRIBED IN CIRCULAR NO.03/201 8 (SUPRA) AND/OR HAVING INVOLVED THE TAX EFFECT MORE THAN RS. 5 0 LACS. 3 4. IN THE RESULT, THE APPEALS UNDER CONSIDERATION FILED BY THE REVENUE DEPARTMENT STANDS DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT ON 04/0 9/2019. SD/- SD/- (B.R.BASKARAN) (N.K.CHOUDHRY) ACCOUNTANT MEMBER JUDICIAL MEM BER DATED: 04/09/2019 /PK/ PS. COPY FORWARDED TO: 1. THE APPELLANTS 2. THE RESPONDENTS 3. THE CITS 4. THE CITS(APPEALS) 5. SR. DR, I.T.A.T. AMRITSAR 6. GUARD FILE TRUE COPY BY ORDER