ASSISTANT COMMISSIONER OF INCOME TAX,CIRCLE-1, JAMMU V. MESERS KASHMIR STEEL ROLLING MILLS, JAMMU

ITA 381/ASR/2018

• Counselvise Citation: [2022] 106 COUNSELVISE.COM (IT) 7998 (ITAT-AMRITSAR)
• Duration Of Justice: 4 year(s) 5 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 12-06-2022
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2012-2013
• Appeal Filed On: 07-06-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect; Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AMRITSAR BENCH, AMRITSAR BEFORE DR. M. L. MEENA, ACCOUNTANT MEMBER AND SH. ANIKESH BANERJEE, JUDICIAL MEMBER I.T.A. Nos. 381 & 382/Asr/2018 Assessment Years: 2012-13 & 2013-14 Assistant Commissioner of income tax, Circle-1, Jammu. V s. M/s Kashmir Steel Rolling Mills, Industrial Complex,Bari Brahmana, Jammu [PAN: AABFK 4948A] (Appellant) (Respondent) Appellant by : Sh. R. K. Gupta, CA Respondent by: Shri Sunil Gautam, CIT(DR) Date of Hearing: 11.05.2022 Date of Pronouncement: 13.06.2022 ORDER Per Dr. M. L. Meena, AM: Both the revenue appeals called into question the correctness of the relief granted by the CIT(A) where the tax effect involved in these two appeals does not exceeds Rs. 50,00,000/- in an individual appeals. Therefore, in view of CBDT circular dated 8th August 2019, both these appeals were heard together and disposed of by this consolidated order. 2 I.T.A. No. 292/Asr/2019 Assessment Year: 2010-11 2. The ld. Counsel for the assessees Sh. R. K. Gupta, CA has referred to the CBDT circular dated 8th August 2019 and demonstrated that as to how the appeals are not maintainable in the light of the CBDT circular dated 8th August 2019, whereby the income tax department has announced its policy decision not to file, or press, the appeals, before this Tribunal, against the appellate orders favourable to the assessee in the cases in which overall tax effect, including surcharge but excluding interest, is Rs 50,00,000 or less and thus, both these appeals are liable to be dismissed as withdrawn by the department. 3. Although, the Ld. DR has no objection, to the assessee request that these cases are covered by CBDT circular as above. However,he rquested that that the department may be given liberty to point out, upon necessary further verifications, and to seek recall of the dismissal of appeals and restoration if fall under given exceptions. We make it clear that the appellants shall be at liberty to point out the case which is wrongly disposed of summarily, either owing to wrong computation of tax effect. or owing to such cases being covered by the permissible exceptions, or for 3 I.T.A. No. 292/Asr/2019 Assessment Year: 2010-11 any other reason, and we will take appropriate remedial steps in this regard. 4. In the above view, considering the CBDT Circular dated 8 th August, 2019, both these appeals, involving tax effect of Rs 50 lakhs or less than, are hereby dismissed as withdrawn. 5. In the result, the Revenue appeals are dismissed. Order pronounced in the open court on 13.06.2022. Sd/- Sd/- (Anikesh Banerjee) (Dr. M. L. Meena) Judicial Member Accountant Member Date: 13.06.2022 *GP/Sr.PS* Copy of the order forwarded to: (1) The Appellant: (2) The Respondent: (3) The CIT(Appeals) (4) The CIT concerned (5) The Sr. DR, I.T.A.T True Copy By Order