Assistant Commissioner of Income Tax, Srinagar V. M/s Hassan Road Construction, Kashmir

ITA 315/ASR/2015

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 1316 (ITAT-AMRITSAR)
• Duration Of Justice: 3 year(s) 2 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 10-09-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2010-2011
• Appeal Filed On: 17-06-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AMRITSAR BENCH, AMRITSAR BEFORE SH. SANJAY ARORA, ACCOUNTANT MEMBER AND SH. N.K.CHOUDHRY, JUDICIAL MEMBER ITA NO.315(ASR)/2015 ASSESSMENT YEAR:2010-11 ASST. CIT, CIRCLE, SRINAGAR VS. M/S HASSAN ROAD CONSTRUCTION COP. PVT. LTD., BYPASS, SRINAGAR, KASHMIR PAN:AADFH 9124R (APPELLANT) (RESPONDENT) APPELLANT BY: SH. CHARAN DA SS (LD. DR) RESPONDENT BY: NONE DATE OF HEARING: 10.09.2018 DATE OF PRONOUNCEMENT: 10.09.2018 ORDER PER N.K. CHOUDHRY THE INSTANT APPEAL HAS BEEN FILED BY THE REVENUE DEPA RTMENT, ON FEELING AGGRIEVED AGAINST THE ORDER DATED 27.03.201 5 PASSED BY THE LD. CIT(A)-JAMMU, U/S 250(6) OF THE I.T. ACT, 1961 (HERE INAFTER CALLED AS THE ACT). 2. AT THE TIME OF HEARING, IT IS SEEN THAT THE TAX EFF ECT INVOLVED IN THIS APPEAL OF THE REVENUE DEPARTMENT IS LESS THAN RS.20 LACS, HENCE, THE PRESENT APPEAL FILED BY THE REVENUE DEPARTMENT IS LIA BLE TO BE DISMISSED, AS THE SAME IS NOT MAINTAINABLE, IN VIEW OF THE LATEST C BDT INSTRUCTION NO.03 OF 2018, DATED 11.07.2018. ITA NO.315 (ASR)/2015 (A.Y.2010-11) ASST. CIT V. HUS SAN ROAD CONSTRUCTION CO. PVT. LTD., KASHMIR 2 3. THE LD. DR ALSO AGREED THAT THE TAX EFFECT IN THIS AP PEAL IS LESS THAN RS.20 LACS. HENCE, AS PER CBDT INSTRUCTION NO. 03 OF 2018, DATED 11 TH JULY, 2018, WHICH IS BINDING ON THE DEPARTMENT, THE DEPART MENT IS PRECLUDED FROM FILING THE PRESENT APPEAL, AS THIS INSTRUCTION IS A PPLICABLE RETROSPECTIVELY. THEREFORE, THE AFORESAID APPEAL CAN NO T SURVIVE ANY LONGER. ACCORDINGLY, THE APPEAL FILED BY THE REVENUE DEPARTME NT IS DISMISSED AS NOT MAINTAINABLE. 4. IN THE RESULT, THE APPEAL FILED BY THE REVENUE DEPA RTMENT IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 10.0 9.2018. SD/- SD/- (SANJAY ARORA) (N.K.CHOUDHRY) ACCOUNTANT MEMBER JU DICIAL MEMBER DATED:10.09.2018 /PK/ PS. COPY OF THE ORDER FORWARDED TO: (1) M/S HASSAN ROAD CONSTRUCTION COP. PVT. LTD., BYPASS, SRINAGAR, KASHMIR (2) THE ASST. CIT, CIRCLE-1, SRINAGAR (3) THE CIT(A)-JAMMU (4) THE CIT CONCERNED (5) THE SR DR, I.T.A.T., AMRITSAR TRUE COPY BY ORDER