D.C.I.T, CENTRAL CIRCLE - II, JALANDHAR V. M/S D.S. ENTERPRISES , JALANDHAR

ITA 264/ASR/2017

• Counselvise Citation: [2019] 118 COUNSELVISE.COM (IT) 6931 (ITAT-AMRITSAR)
• Duration Of Justice: 1 year(s) 7 month(s) 27 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 08-01-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 07-01-2019
• Assessment Year: 2013-2014
• Appeal Filed On: 12-05-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: BHAVANI SHANKAR
• Keywords: Tax effect

Judgement Text

PAGE | 1 ITA NO. 264/ASR./2017 A.Y. 2013-14 THE DEPUTY COMMISSIONER OF INCOME TAX VS. M/S D.S. ENTERPRISES IN THE INCOME TAX APPELLATE TRIBUNAL CAMP BENCH AT JALANDHAR BEFORE SHRI N.K. SAINI, VICE PRESIDENT AND SHRI RAVISH SOOD, JUDICIAL MEMBER ITA NO.264/ASR./2017 (ASSESSMENT YEARS: 2013-14) THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-II, JALANDHAR VS. M/S D.S. ENTERPRISES, MBD HOUSE, RAILWAY ROAD, JALANDHAR PAN AAEFD7499N (APPELLANT) (RESPONDENT) APPELLANT BY: SHRI BHAVANI SHANKAR, D.R. RESPONDENT BY: SHRI SUDHIR SEHGAL, A.R DATE OF HEARING: 08.01.2019 DATE OF PRONOUNCEMENT: 08.01.2019 O R D E R PER RAVISH SOOD, JM THE CAPTIONED APPEAL FILED BY THE REVENUE PERTAINING TO ASSESSMENT YEAR 2013-14 IS DIRECTED AGAINST THE ORDER PASSED BY CIT(A)-1, JALANDHAR, DATED 20.03.2017, WHICH IN TURN ARISES FROM THE ORDER PASSED BY THE ASSESSING OFFICER UNDER SEC.143(3) OF THE INCOME TAX ACT, 1961 (IN SHORT THE ACT), DATED 22.03.2016. 2. ON A PERUSAL OF THE RECORDS IT STANDS REVEALED THAT THE TAX EFFECT INVOLVED IN THIS APPEAL IS LESS THAN RS.20.00 LACS. THE LD. DEPARTMENTAL REPRESENTATIVE (FOR SHORT D.R) ON BEING CONFRONTED ADMITTED THE SAID FACTUAL POSITION. 3. WE FIND THAT THE CBDT VIDE ITS CIRCULAR NO.03/2018, DATED 11/07/2018 HAS REVISED THE MONETARY LIMITS FOR FILING OF APPEALS BY THE DEPARTMENT BEFORE THE TRIBUNAL, RETROSPECTIVELY. SINCE THE TAX EFFECT IN PAGE | 2 ITA NO. 264/ASR./2017 A.Y. 2013-14 THE DEPUTY COMMISSIONER OF INCOME TAX VS. M/S D.S. ENTERPRISES DISPUTE IN THE CAPTIONED APPEAL IS ADMITTEDLY BELOW THE MONETARY LIMIT OF RS.20.00 LACS SPECIFIED IN THE CBDT CIRCULAR NO. 03/2018, DATED 11/07/2018, THEREFORE, THE SAME IS DISMISSED AS NOT MAINTAINABLE. 4. IN THE RESULT, APPEAL OF THE REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 08 01.2019 SD/- SD/- ( N.K. SAINI) (RAVISH SOOD) VICE PRESIDENT JUDICIAL MEMBER PLACE: JALANDHAR; DATE: 08 .01.2019 PS. ROHIT / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. ( ) / THE CIT(A)- 4. / CIT 5. , / DR, ITAT, CAMP BENCH, JALANDHAR 6. [ / GUARD FILE. //TRUE COPY// / BY ORDER, / (DY./ASSTT. REGISTRAR) /ITAT, CAMP BENCH, JALANDHAR PAGE | 3 ITA NO. 264/ASR./2017 A.Y. 2013-14 THE DEPUTY COMMISSIONER OF INCOME TAX VS. M/S D.S. ENTERPRISES SR.NO. DETAILS DATE INITIALS DESIGNATION 1 DRAFT DICTATED ON SR.PS/PS 2 DRAFT PLACED BEFORE AUTHOR SR.PS/PS 3 DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER JM/AM 4 DRAFT DISCUSSED/APPROVED BY SECOND MEMBER JM/AM 5 APPROVED DRAFT COMES TO THE SR.PS/PS 08.1.19 SR.PS/PS 6 KEPT FOR PRONOUNCEMENT ON 08.1.19 SR.PS/PS 7 FILE SENT TO THE BENCH CLERK 19.1.19 SR.PS/PS 8 DATE ON WHICH THE FILE GOES TO THE HEAD CLERK 9 DATE ON WHICH FILE GOES TO THE AR 10 DATE OF DISPATCH OF ORDER