DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE - 3, Amritsar V. Sh. Suresh Chander Mehra HUF, Amritsar.

ITA 355/ASR/2017

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 1117 (ITAT-AMRITSAR)
• Duration Of Justice: 1 year(s) 3 month(s) 9 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 11-09-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 11-09-2018
• Assessment Year: 2013-2014
• Appeal Filed On: 02-06-2017
• 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. 355/(ASR)/2017 ASSES SMENT YEAR: 2013-14 DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-3, AMRITSAR VS. SURESH CHANDER MEHRA HUF, PROP. ESSMA WOOLEN MILLS, G.T. ROAD, AMRITSAR [PAN: AABHS 8006D] (APPELLANT) (RESPONDENT) APPELLANT BY : SH. CHARAN DASS (D.R.) RESPONDENT BY: WRITTEN SUBMISSIONS DATE OF HEARING: 11.09.2018 DATE OF PRONOUNCEMENT: 11.09.2018 ORDER PER SANJAY ARORA, AM: THIS IS AN APPEAL BY THE REVENUE DIRECTED AGAINST T HE ORDER BY THE COMMISSIONER OF INCOME TAX (APPEALS)-1, AMRITSAR ( CIT(A) FOR SHORT) DATED 21.03.2017, ALLOWING THE ASSESSEES APPEAL CONTESTI NG ITS ASSESSMENT U/S. 143(3) OF THE INCOME TAX ACT, 1961 ('THE ACT' HEREINAFTER) DA TED 22.03.2016 FOR THE ASSESSMENT YEAR (AY) 2013-14. 2. AT THE OUTSET, IT WAS OBSERVED BY THE BENCH THAT THE ASSESSEE HAD VIDE ITS LETTER DATED 10/9/2018 CLAIMED THAT THE TAX EFFECT OF THE INSTANT APPEAL BY THE REVENUE IS BELOW RS. 20 LACS, I.E., THE THRESHOLD M ONETARY LIMIT APPLICABLE FOR THE REVENUES APPEALS BEFORE THE TRIBUNAL U/S. 268A OF THE ACT AS PER THE LATEST INSTRUCTION, I.E., NO. 3 OF 2018, DATED 11.07.2018, BY THE CBDT, SO THAT IT IS NOT ITA NO. 355/ASR/2017 (AY 2013-14) DY. CIT V. SURESH CHANDER MEHRA HUF 2 MAINTAINABLE. WITH REFERENCE TO THE GROUNDS OF APPE AL ASSUMED BEFORE US AS WELL AS THE ASSESSMENT ORDER, IT WAS CONFIRMED BY THE BENCH THAT THE ADDITIONS/DISALLOWANCES BEING AGITATED ARE FOR A TO TAL OF RS. 41.83 LACS, ENTAILING A TAX-EFFECT OF LESS THAN RS. 14 LACS. 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 SEPTEMBER 11, 2018 SD/- SD/- (N. K. CHOUDHRY) (SANJAY ARORA) JUDICIAL MEMBER ACCOUNTANT MEMBER DATE: 11.09.2018 /GP/SR. PS. COPY OF THE ORDER FORWARDED TO: (1) THE APPELLANT: DEPUTY COMMISSIONER OF INCOM E TAX, CIRCLE-3, AMRITSAR (2) THE RESPONDENT: SURESH CHANDER MEHRA HUF, P ROP. ESSMA WOOLEN MILLS, G.T. ROAD, AMRITSAR (3) THE CIT(APPEALS)-1, AMRITSAR (4) THE CIT CONCERNED TRUE COPY (5) THE SR. DR, I.T.A.T. BY ORDER