THE Income Tax Officer, Jammu V. Sh. Yash Raj Singh, Jammu

ITA 382/ASR/2016

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 1123 (ITAT-AMRITSAR)
• Duration Of Justice: 2 year(s) 2 month(s) 4 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 12-09-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 12-09-2018
• Assessment Year: 2007-2008
• Appeal Filed On: 08-07-2016
• 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 I. T. A. NO. 382/(ASR)/2016 ASSES SMENT YEAR: 2007-08 INCOME TAX OFFICER WARD -2(3) JAMMU VS. YASH RAJ SINGH PROP. NAV BHARAT STEEL, POUNI CHAK, JAMMU [PAN: ACEPS 5319L] (APPELLANT) (RESPONDENT) APPELLANT BY : SH. CHARAN DASS (D .R.) RESPONDENT BY: SH. JOGINDER SINGH (C.A.) DATE OF HEARING: 12.09.2018 DATE OF PRONOUNCEMENT: 12.09.2018 ORDER PER SANJAY ARORA, AM: THIS IS AN APPEAL BY THE REVENUE ARISING OUT OF THE ORDER BY THE COMMISSIONER OF INCOME TAX (APPEALS), JAMMU (CIT(A ) FOR SHORT) DATED 28.03.2016, ALLOWING THE ASSESSEES APPEAL CONTESTI NG THE LEVY OF PENALTY UNDER SECTION 271(1)(C) OF THE INCOME TAX ACT, 1961 ('THE ACT' HEREINAFTER) DATED 25.7.2014 FOR THE ASSESSMENT YEAR (AY) 2007-08. 2. AT THE OUTSET, IT WAS OBSERVED BROUGHT TO THE NO TICE OF THE BENCH BY THE LD. COUNSEL, SH. SINGH, THAT THE TAX EFFECT OF THE IN STANT APPEAL BY THE REVENUE IS BELOW RS. 20 LACS, I.E., THE THRESHOLD MONETARY LIM IT 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 TH AT IT IS NOT MAINTAINABLE. WITH ITA NO. 382/ASR/2016 (AY 2007-08) ITO V. YASH RAJ SINGH 2 REFERENCE TO THE GROUNDS OF APPEAL ASSUMED BEFORE U S AS WELL AS THE PENALTY ORDER, IT WAS CONFIRMED BY THE BENCH THAT THE PENALTY LEVI ED, WHICH IS TO BE TAKEN AS THE TAX EFFECT IN CASE OF PENALTY U/S. 271(1)(C), IS RS . 12.78 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 12, 2018 SD/- SD- (N. K. CHOUDHRY) (SANJAY ARORA) JUDICIAL MEMBER ACCOUNTANT MEMBER DATE: 12.09.2018 /GP/SR. PS. COPY OF THE ORDER FORWARDED TO: (1) THE APPELLANT: INCOME TAX OFFICER WARD -2(3 ) JAMMU (2) THE RESPONDENT: YASH RAJ SINGH PROP. NAV BH ARAT STEEL, POUNI CHAK, JAMMU SOCIETY, OPP. CI VIL HOSPITAL, RAMAN (3) THE CIT(APPEALS), JAMMU (4) THE CIT CONCERNED (5) THE SR. DR, I.T.A.T TRUE COPY BY OR DER