The Deputy. Commissioner of Income-tax, Central Circle - 1, Jalandhar V. M/s. Smt. Krishna Gandhi Welfare Society, Nawanshahr

ITA 421/ASR/2017

• Counselvise Citation: [2019] 112 COUNSELVISE.COM (IT) 0522 (ITAT-AMRITSAR)
• Duration Of Justice: 2 year(s) 5 month(s) 24 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-12-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 16-12-2019
• Assessment Year: 2007-2008
• Appeal Filed On: 22-06-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AMRITSAR BENCH, AMRITSAR BEFORE SH. N. K. CHOUDHRY, JUDICIAL MEMBER AND SH. O. P. MEENA ACCOUNTANT MEMBER I.T.A. NO. 421/ASR/2017 ASS ESSMENT YEAR: 2007-08 THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-II, JALANDHAR VS. SMT. KRISHNA GANDHI WELFARE SOCIETY, BHATTI COLONY, CHANDIGARH ROAD, NAWANSHAHAR [PAN: AAGTS 5476C] (APPELLANT) (RESPONDENT) APPELLANT BY : SH. ALOK KUMAR CIT-DR RESPONDENTS BY : NONE DATE OF HEARING: 16.12.2019 DATE OF PRONOUNCEMENT: 16.12.2019 ORDER PER O. P. MEENA, AM: THE REVENUE DEPARTMENT HAS PREFERRED THE CAPTIONED APPEAL AGAINST THE ORDER IMPUGNED HEREIN PASSED BY THE LD. CIT(A) IN T HE CAPTIONED MATTER U/S 250(6) OF THE ACT, 1961 (HEREINAFTER CALLED AS THE ACT). 2. AT THE OUTSET IT IS OBSERVED THAT TAX EFFECT INV OLVED IN THE APPEAL UNDER CONSIDERATION INDIVIDUALLY IS NOT MORE THAN 50 LACS , HENCE THE INSTANT APPEAL IS 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 AGA INST THE ORDER (S) OF CIT(A), IN ITA NO. 421/ASR/2017 (AY 2007-08) THE DY. CIT V. SMT. KRISHNA GAN DHI WELFARE SOCIETY 2 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. 4. IN THE RESULT, THE APPEAL UNDER CONSIDERATION FI LED BY THE REVENUE DEPARTMENT STANDS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON DECEMBER 16, 2019 SD/- SD/- (N. K. CHOUDHRY) (O. P. MEENA) JUDICIAL MEMBER ACCOUNTANT MEMBER DATE: 16.12.2019 /GP/SR. PS. COPY OF THE ORDER FORWARDED TO: (1) THE APPELLANTS: (2) THE RESPONDENTS: (3) THE CIT(APPEALS) (4) THE CIT CONCERNED (5) THE SR. DR, I.T.A.T TRUE COPY BY ORDER