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

ITA 384/ASR/2017

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 7771 (ITAT-AMRITSAR)
• Duration Of Justice: 1 year(s) 1 month(s) 21 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 30-07-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2012-2013
• Appeal Filed On: 09-06-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: GAUTAM DE B LD
• Assessee Lawyers: P N ARORA LD
• 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 NOS.384 & 385(ASR)/2017 ASSESSMENT YEARS:2012-13 & 2013-14 ASST. CIT, CENTRAL CIRCLE-I, JAMMU. VS. M/S. KASHMIR WALNUT OVERSEAS PVT. LTD., BARI BRAHMANA, JAMMU. PAN:AACCK 9136G (APPELLANT) (RESPONDENT) APPELLANT BY: SH. GAUTAM DE B (LD. DR) RESPONDENT BY: SH. P.N. ARORA (LD. ADV.) DATE OF HEARING: 30.07.2018 DATE OF PRONOUNCEMENT: 30.07.2018 ORDER PER N.K. CHOUDHRY THE INSTANT BOTH APPEALS HAVE BEEN FILED BY THE REVEN UE DEPARTMENT, ON FEELING AGGRIEVED AGAINST THE COMMON ORDER DATED 3 0.03.2017 PASSED BY THE LD. CIT(A)-J&K, JAMMU U/S 250(6) OF THE I.T. ACT, 1961 (HEREINAFTER CALLED AS THE ACT). 2. AT THE TIME OF HEARING, IT IS SEEN THAT THE TAX EFFE CT INVOLVED IN THESE APPEALS OF THE REVENUE DEPARTMENT ARE LESS THAN RS.20 L ACS, HENCE, THE PRESENT APPEALS FILED BY THE REVENUE DEPARTMENT ARE L IABLE TO BE DISMISSED, AS THE SAME ARE NOT MAINTAINABLE, IN VIEW OF THE LATE ST CBDT INSTRUCTION NO.03 OF 2018, DATED 11.07.2018. ITA NOS.384 & 385(ASR)/2017 (A.YS.2012-13 & 2013-14) ASST. CIT VS. M/S. KASHMIR WALNUT OVERSEAS PVT. LTD., JAMMU 2 3. THE LD. DR ALSO AGREED THAT THE TAX EFFECT IN THESE A PPEALS ARE LESS THAN RS.20 LACS. HENCE, AS PER CBDT INSTRUCTION NO. 03 OF 2 018, DATED 11 TH JULY, 2018, WHICH IS BINDING ON THE DEPARTMENT, THE DEPARTMENT IS PRECLUDED FROM FILING THE PRESENT APPEALS, AS THIS INSTR UCTION IS APPLICABLE RETROSPECTIVELY. THEREFORE, THE AFORESAID APPEALS CAN NO T SURVIVE ANY LONGER. ACCORDINGLY, THE APPEALS FILED BY THE REVENUE DEPARTM ENT ARE DISMISSED AS NOT MAINTAINABLE. 4. IN THE RESULT, THE APPEALS FILED BY THE REVENUE DEPA RTMENT ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 30. 07.2018. SD/- SD/- (SANJAY ARORA) (N.K.CHOUDHRY) ACCOUNTANT MEMBER JU DICIAL MEMBER DATED:30.07.2018 /PK/ PS. COPY OF THE ORDER FORWARDED TO: (1) M/S. KASHMIR WALNUT OVERSEAS PVT. LTD., BARI BRAHMANA, JAMMU. (2) THE ASST. CIT, 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