A.C.I.T. CIRCLE-1, JAMMU V. M/S KASHMIR WALNUT OVERSEAS PVT LTD, JAMMU

ITA 383/ASR/2017

• Counselvise Citation: [2018] 126 COUNSELVISE.COM (IT) 5730 (ITAT-AMRITSAR)
• Duration Of Justice: 8 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 21-02-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 20-02-2018
• Assessment Year: 2010-2011
• Appeal Filed On: 09-06-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: S S NEGI LD
• Assessee Lawyers: P N ARORA LD
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUN AL AMRITSAR BENCH, AMRITSAR BEFORE SH. R.S.SYAL, VICE PRESIDENT AND SH. N.K.CHOUDHRY, JUDICIAL MEMBER ITA NO.383(ASR)/2017 ASSESSMENT YEAR:2010-11 ASST. CIT, CIRCLE-1, JAMMU VS. M/S KASHMIR WALNUT OVERSEAS PVT. LTD., BARI BRAHMANA, JAMMU PAN:AACCK9136G (APPELLANT) (RESPONDENT) APPELLANT BY: SH. S.S. NEGI (LD. DR) RESPONDENT BY: SH. P.N. ARORA (LD. ADV.) DATE OF HEARING: 20.02.2018 DATE OF PRONOUNCEMENT: 21.02.2018 ORDER PER N.K.CHOUDHRY, JM: THE INSTANT APPEAL HAS BEEN PREFERRED BY THE REVENUE DEPARTMENT, ON FEELING AGGRIEVED AGAINST THE ORDER DATED 30.03.2017 PASSED BY THE LD. CIT(A), J&K, JAMMU IN AP PEAL NO.197/13-14, FOR ASST. YEAR: 2010-11. 2. AT THE TIME OF HEARING, IT IS SEEN THAT THE TAX EFFE CT INVOLVED IN THIS APPEAL OF THE REVENUE DEPARTMENT IS LESS THAN RS.10 LACS. THE PRESENT APPEAL FILED BY THE REVENUE DEP ARTMENT IS LIABLE TO BE DISMISSED, AS THE SAME IS NOT MAINTAINABLE , IN VIEW OF CBDT INSTRUCTION NO.21 OF 2015, DATED 10.12.2 015. 3. THE LD. DR ALSO AGREED THAT THE TAX EFFECT IN THIS AP PEAL IS LESS THAN RS.10 LACS. HENCE, AS PER CBDT INSTRUCTION NO. 21 OF 2015, DATED 10 TH DEC., 2015, WHICH IS BINDING ON THE ITA NO.383 /ASR/2017 (A.Y.2010-11) ACIT VS. M/S KASHMIR WALNUT OVERSEAS PVT. LTD. 2 DEPARTMENT, THE DEPARTMENT IS PRECLUDED FROM FILING T HE PRESENT APPEAL, AS THIS INSTRUCTION IS APPLICABLE RETROSPECTIVELY. THEREFORE, THE AFORESAID APPEAL CAN NOT SURVIVE ANY L ONGER. ACCORDINGLY, THE APPEAL FILED BY THE REVENUE IS DISMISSED AS NOT MAINTAINABLE. 4. IN THE RESULT, THE APPEAL FILED BY THE REVENUE DEPA RTMENT STANDS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 21 .02 .2018. SD/- SD/- (R.S.SYAL) (N.K.CHOUDHRY) VICE PRESIDENT JUDICIAL MEMBER DATED:21.02.2018 /PK/ PS. COPY OF THE ORDER FORWARDED TO: (1) M/S. KASHMIR WALNUT OVERSEAS PVT. LTD. BARI BRAHMANA, JAMMU (2) THE ACIT , CIRCLE-1, JAMMU (3) THE CIT(A), J&K, JAMMU. (4) THE CIT CONCERNED. (5) THE SR DR, I.T.A.T., AMRITSAR TRUE COPY BY ORDER