The Income-tax Officer, Muktsar V. Shri Gurneet Singh, Distt. Muktsar.

ITA 414/ASR/2014

• Counselvise Citation: [2019] 116 COUNSELVISE.COM (IT) 3853 (ITAT-AMRITSAR)
• Duration Of Justice: 5 year(s) 2 month(s) 5 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-08-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 23-08-2019
• Assessment Year: misc
• Appeal Filed On: 18-06-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: P N ARORA
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AMRITSAR BENCH, AMRITSAR BEFORE SH. B. R. BASKARAN, ACCOUNTANT MEMBER AND SH. N. K. CHOUDHRY, JUDICIAL MEMBER I.T.A. NO. 417/ASR/2014 A SSESSMENT YEAR: 2006-07 INCOME TAX OFFICER, WARD-II(2) MUKTSAR VS. SHRI ATTAR SINGH S/O SH. FATEH SINGH, BARIWALA, DISTT. MUKTSAR [PAN: EWPPS 6618H] (APPELLANT) (RESPONDENT) C.O. NO. 31/ASR/2014 (ARISING OUT OF ITA NO. 417/ASR/2014) ASSESSMENT YEAR: 2006-07 SHRI ATTAR SINGH S/O SH. FATEH SINGH, BARIWALA, DISTT. MUKTSAR [PAN: EWPPS 6618H] VS. INCOME TAX OFFICER, WARD-II(2) MUKTSAR (CROSS OBECTOR) (RESPONDENT) I.T.A. NO. 414/ASR/2014 A SSESSMENT YEAR: 2006-07 INCOME TAX OFFICER, WARD-II(2), MUKTSAR VS. SHRI GURMEET SINGH S/O SHRI MEHTAB SINGH, BARIWALA, DISTT. MUKTSAR [PAN: ANRPS 1975N] (APPELLANT) (RESPONDENT) 2 C.O. NO. 33/ASR/2014 (ARISING OUT OF ITA NO. 414/ASR/2014) ASSESSMENT YEAR: 2006-07 SHRI GURMEET SINGH S/O SHRI MEHTAB SINGH, BARIWALA, DISTT. MUKTSAR [PAN: ANRPS 1975N] VS. INCOME TAX OFFICER, WARD-II(2), MUKTSAR (CROSS OBECTOR) (RESPONDENT) I.T.A. NO. 413/ASR/2014 A SSESSMENT YEAR: 2006-07 INCOME TAX OFFICER, WARD-II(2), MUKTSAR VS. SHRI HARMINDER SINGH S/O SHRI DHARM SINGH, BARIWALA, DISTT. MUKTSAR [PAN: ABBPM 1030A] (APPELLANT) (RESPONDENT) C.O. NO. 32/ASR/2014 (ARISING OUT OF ITA NO. 413/ASR/2014) ASSESSMENT YEAR: 2006-07 SHRI HARMINDER SINGH S/O SHRI DHARM SINGH, BARIWALA, DISTT. MUKTSAR [PAN: ABBPM 1030A] VS. INCOME TAX OFFICER, WARD-II(2), MUKTSAR (CROSS OBECTOR) (RESPONDENT) I.T.A. NO. 412/ASR/2014 A SSESSMENT YEAR: 2006-07 INCOME TAX OFFICER, WARD-II(2), MUKTSAR VS. SHRI HARBHAJAN SINGH S/O SHRI MEHTAB SINGH, BARIWALA, DISTT. MUKTSAR [PAN: ACBPH 7337L] 3 (APPELLANT) (RESPONDENT) C.O. NO. 34/ASR/2014 (ARISING OUT OF ITA NO. 412/ASR/2014) ASSESSMENT YEAR: 2006-07 SHRI HARBHAJAN SINGH S/O SHRI MEHTAB SINGH, BARIWALA, DISTT. MUKTSAR [PAN: ACBPH 7337L] VS. INCOME TAX OFFICER, WARD-II(2), MUKTSAR (CROSS OBECTOR) (RESPONDENT) ASSESSEE BY : SH. P. N. ARORA (ADV.) REVENUE BY : SH. CHARAN DASS (D.R.) DATE OF HEARING: 23.08.2019 DATE OF PRONOUNCEMENT: 23.08.2019 ORDER PER BENCH: THE REVENUE DEPARTMENT HAS PREFERRED THE CAPTIONED APPEALS AGAINST THE ORDERS IMPUGNED HEREIN PASSED BY THE LD. CIT(A) IN THE CAPTIONED MATTER U/S 250(6) OF THE ACT, 1961 (HEREINAFTER CALLED AS THE ACT). THE ASSESSEES HAVE ALSO FILED CROSS OBJECTIONS. 2. AT THE OUTSET IT IS OBSERVED THAT TAX EFFECT INV OLVED IN THE APPEALS UNDER CONSIDERATION INDIVIDUALLY IS NOT MORE THAN 50 LACS , HENCE THE INSTANT APPEALS ARE LIABLE TO BE DISMISSED AS NOT MAINTAINABLE, IN VIEW OF THE LATEST CBDT CIRCULAR NO.17/2019, DATED 08.08.2019 WHEREBY THE REVENUE DE PARTMENT IS PRECLUDED FROM FILING THE APPEALS(S)BEFORE APPELLATE TRIBUNAL AGAI NST THE ORDER (S) OF CIT(A), IN 4 WHICH THE TAX EFFECT DOES NOT EXCEED RS. 50,00,000/ - AS SPECIFIED IN THE CIRCULAR AND THE CBDT CLARIFICATION DATED 20 TH AUGUST 2019 WHEREBY IT IS CLARIFIED THAT REVISED MONETARY LIMITS SO MENTIONED IN THE CIRCULA R 17/2019 IS APPLICABLE TO ALL PENDING SLPS/APPEALS/CROSS OBJECTIONS/REFERENCES. 3. HOWEVER THE LIBERTY IS GRANTED TO THE REVENUE DEPAR TMENT TO SEEK RECALL OF THE ORDER, IN CASE IT REALIZE THAT THE CAPTIONED AP PEAL FALLS WITHIN THE EXCEPTION AS PRESCRIBED IN CIRCULAR NO.03/2018 (SUPRA) AND/OR HA VING INVOLVED THE TAX EFFECT MORE THAN RS. 50 LACS. CROSS OBJECTIONS THE ASSESSEES HEREIN HAVE FILED CROSS OBJECTIONS RA ISING CERTAIN LEGAL ISSUES. SINCE WE HAVE DISMISSED APPEALS OF REVENUE, LEGAL I SSUES SHALL BECOME ACADEMIC IN NATURE. ACCORDINGLY WE DO NOT FIND IT NECESSARY TO ADJUDICATE THEM. ACCORDINGLY THE CROSS OBJECTIONS ARE DISMISSED. 5. IN THE RESULT, THE APPEALS OF THE REVENUE AND TH E ASSESSEES CROSS OBJECTIONS ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON AUGUST 23, 2019 SD/- SD/- (N. K. CHOUDHRY) (B. R. BASKARAN) JUDICIAL MEMBER ACCOUNTANT MEMBER DATE: 23.08.2019 /GP/SR. PS. COPY OF THE ORDER FORWARDED TO: (1) THE APPELLANT: (2) THE RESPONDENT: (3) THE CIT(APPEALS) 5 (4) THE CIT CONCERNED (5) THE SR. DR, I.T.A.T TRUE COPY BY ORDER