ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE- 2, JALANDHAR V. NAWANSHAHAR CENTRAL CO- OP BANK , NAWANSHAHAR

ITA 419/ASR/2019

• Counselvise Citation: [2019] 116 COUNSELVISE.COM (IT) 2340 (ITAT-AMRITSAR)
• Duration Of Justice: 3 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 04-09-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2016-2017
• Appeal Filed On: 04-06-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: AMAR PAL ME ENA LD
• Keywords: Tax effect
• Section: 20

Judgement Text

IN THE INCOME TAX APPELLATE TRIBU NAL AMRITSAR BENCH, AMRITSAR BEFORE SH. B.R. BASKARAN, ACCOUNTANT MEMBER AN D SH. N.K.CHOUDHRY, JUDICIAL MEMBER ITA NO.438/ASR/201 8 ASSESSMENT YEAR:2011-12 THE INCOME TAX OFFICER WARD-3(4), JALANDHAR VS. SH. JASBIR SINGH S/O SH. MOHINDER SINGH R/O 296-LAJPAT NAGAR, JALANDHAR NOW AT 21, PRINCE PLAZA, MITHAPUR ROAD, JALANDHAR [PAN:ACAPS 8461R] (APPELLANT) (RESPONDENT) ITA NOS. 15 & 419/ASR/2019 ASSESSMENT YEAR:2015-16 & 2016-17 ASST. CIT CIRCLE-2, JALANDHAR VS. NAWANSHAHR CENTRAL CO-OP. BANK LTD. RAHON ROAD, DOABA NAWANSHAHR [PAN:AAAAT 4125G] (APPELLANT) (RESPONDENT) APPELLANT BY: SH. AMAR PAL ME ENA (LD. DR) RESPONDENT BY: NONE DATE OF HEARING: 30.08.2019 DATE OF PRONOUNCEMENT: 04.09.2019 ORDER PER N.K.CHOUDHRY, JM: THE REVENUE DEPARTMENT HAS PREFERRED THE CAPTIONED AP PEALS AGAINST THE ORDERS IMPUGNED HEREIN PASSED BY THE LD. C IT(A) IN THE 2 CAPTIONED MATTER U/S 250(6) OF THE ACT, 1961 (HEREINAF TER CALLED AS THE ACT). 2. AT THE OUTSET IT IS OBSERVED THAT TAX EFFECT INVOLVED IN THE APPEALS UNDER CONSIDERATION INDIVIDUALLY IS NOT MORE TH AN 50 LACS, HENCE THE INSTANT APPEALS ARE LIABLE TO BE DISMISSED AS N OT MAINTAINABLE, IN VIEW OF THE LATEST CBDT CIRCULAR NO. 17/2019, DATED 08.08.2019 WHEREBY THE REVENUE DEPARTMENT IS PRECLUD ED FROM FILING THE APPEALS(S) BEFORE APPELLATE TRIBUNAL AGAINST THE ORDER (S) OF CIT(A), IN WHICH THE TAX EFFECT DOES NOT EXCEED RS. 50,0 0,000/- AS SPECIFIED IN THE CIRCULAR AND THE CBDT CLARIFICATION D ATED 20 TH AUGUST 2019 WHEREBY IT IS CLARIFIED THAT REVISED MONETARY LI MITS SO MENTIONED IN THE CIRCULAR 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 CAPTIO NED APPEAL FALLS WITHIN THE EXCEPTION AS PRESCRIBED IN CIRCULAR NO.03/201 8 (SUPRA) AND/OR HAVING INVOLVED THE TAX EFFECT MORE THAN RS. 5 0 LACS. 4. IN THE RESULT, THE APPEALS UNDER CONSIDERATION FILED BY THE REVENUE DEPARTMENT STANDS DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT ON 04/0 9/2019. SD/- SD/- (B.R.BASKARAN) (N.K.CHOUDHRY) ACCOUNTANT MEMBER JUDIC IAL MEMBER DATED:04/09/2019 /PK/ PS. 3 COPY FORWARDED TO: 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT 4. THEN CIT(APPEALS) 5. SR DR, I.T.A.T. AMRITSAR 6. GUARD FILE TRUE COPY BY ORDER