INCOME TAX OFFICER, WARD II(4), ABOHAR V. SH. CHARANJIT SINGH SANDHU, FAZILKA

ITA 294/ASR/2017

• Counselvise Citation: [2019] 116 COUNSELVISE.COM (IT) 5285 (ITAT-AMRITSAR)
• Duration Of Justice: 2 year(s) 3 month(s) 4 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 22-08-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 22-08-2019
• Assessment Year: 2008-2009
• Appeal Filed On: 18-05-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: D S MARWAHA LD
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUN AL AMRITSAR BENCH, AMRITSAR BEFORE SH. B.R. BASKARAN, ACCOUNTANT MEMBER AN D SH. N.K.CHOUDHRY, JUDICIAL MEMBER ITA NO.294/ASR/2017 ASSESSMENT YEAR:2008-09 INCOME TAX OFFICER WARD-II(4), ABOHAR VS. SH. CHARANJIT SINGH SANDHU S/O SH. S.S. SANDHU VILLAGE GHALLU, TEHSIL FAZILKA [PAN:BWMPS 9167F] (APPELLANT) (RESPONDENT) APPELLANT BY: SH. CHARAN D ASS (LD. DR) RESPONDENT BY: SH. D.S. MARWAHA (LD. C.A) DATE OF HEARING: 22.08.2019 DATE OF PRONOUNCEMENT: 22.08.2019 ORDER PER N.K.CHOUDHRY, JM: THE REVENUE DEPARTMENT HAS PREFERRED THE CAPTIONED AP PEAL AGAINST THE ORDER 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 AND POINTED OUT BY THE PARTIES THAT TAX EFFECT INVOLVED IN THE APPEAL UNDER CONSIDERATION IS NOT MORE THAN 50 LACS, HENCE THE INSTANT APPEAL IS LIABLE TO BE DISM ISSED AS NOT 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 APPEAL(S) BEFORE APPELLATE TRIBUNAL AGAINST THE ORDER (S) OF CIT(A), ITA NO.294/ASR/2017 (A.Y.2008-09) ITO VS. CHARANJIT SINGH SAN DHU 2 IN WHICH THE TAX EFFECT DOES NOT EXCEED RS. 50,00,000/- AS SPECIFIED IN THE CIRCULAR AND THE CBDT CLARIFICATION DATED 20 TH AUGUST 2019 WHEREBY IT IS CLARIFIED THAT REVISED MONETARY LIMITS SO MENTIONED IN THE CIRCULAR 17/2019 IS APPLICABLE TO ALL PENDING SLPS/ APPEALS/CROSS OBJECTIONS/REFERENCES. 3. THE LIBERTY IS GRANTED TO THE REVENUE DEPARTMENT T O SEEK RECALL OF THE ORDER IN CASE, IT IS REVEALED THAT THE CAPTIONED AP PEAL FALLS WITHIN THE EXCEPTION AS PRESCRIBED IN CIRCULAR NO.03/2018 (SUPRA ) AND/OR HAVING INVOLVED THE TAX EFFECT MORE THAN RS. 50 LACS. 4. IN THE RESULT, THE APPEAL FILED BY THE REVENUE DEPA RTMENT STANDS DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT ON 22/0 8/2019. SD/- SD/- (B.R.BASKARAN) (N.K.CHOUDHRY) ACCOUNTANT MEMBER JU DICIAL MEMBER DATED: 22/08/2018 /PK/ PS. COPY FORWARDED TO: 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT 4. THE CIT(APPEALS) 5. SR. DR, I.T.A.T. AMRITSAR 6. GUARD FILE TRUE COPY BY ORDER