INCOME TAX OFFICER, WARD 3 (3), SRINAGAR V. SH. TARIQ AHMED KATHWARI, SRINAGAR

ITA 428/ASR/2017

• Counselvise Citation: [2018] 119 COUNSELVISE.COM (IT) 2308 (ITAT-AMRITSAR)
• Duration Of Justice: 1 year(s) 4 month(s) 18 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 15-11-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 15-11-2018
• Assessment Year: 2013-2014
• Appeal Filed On: 27-06-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: P N ARORA; K K AHUJA ADVS
• Keywords: Tax effect
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AMRITSAR BENCH, AMRIT SAR BEFORE SH. SANJAY ARORA, ACCOUNTANT MEMBER AND SH. N.K.CHOUDHRY, JUDICIAL MEMBER ITA NO.428(ASR)/2017 ASSESSMENT YEAR:2013-14 INCOME TAX OFFICER WARD-3(3), SRINAGAR VS. SH. TARIQ AHMAD KATHWARI LH MISS MERAL KATHWARI, R/O MOHIDIN BUILDING RESIDENCY ROAD, SRINAGAR. [PAN:AGRPK 7740A] (APPELLANT) (RESPONDENT) APPELLANT BY: SH. CHARAN D ASS (LD. DR) RESPONDENT BY: SH. P.N.ARORA & K.K.AHUJA (ADVS. ) DATE OF HEARING: 15.11.2018 DATE OF PRONOUNCEMENT: 15.11.2018 ORDER PER N.K. CHOUDHRY THE INSTANT APPEAL HAS BEEN FILED BY THE REVENUE DEPA RTMENT, ON FEELING AGGRIEVED AGAINST THE ORDER DATED 14.03.201 7 PASSED BY THE LD. CIT(A)-,J&K, JAMMU, U/S 143(3) OF THE I.T. ACT, 1961 (HEREINAFTER CALLED AS THE ACT). 2. AT THE TIME OF HEARING, IT IS SEEN THAT THE TAX EFF ECT INVOLVED IN THIS APPEAL OF THE REVENUE DEPARTMENT IS LESS THAN RS.20 LACS, HENCE, THE PRESENT APPEAL FILED BY THE REVENUE DEPARTMENT IS LIA BLE TO BE DISMISSED, AS THE SAME IS NOT MAINTAINABLE, IN VIEW OF THE LATEST C BDT INSTRUCTION NO.03 OF 2018, DATED 11.07.2018. ITA NO.428(ASR)/2017 (A.Y.2013-14) ITO V. TARIQ AHMAD KATHWARI, SRINAGAR 2 3. THE LD. DR ALSO AGREED THAT THE TAX EFFECT IN THIS A PPEAL IS LESS THAN RS.20 LACS. HENCE, AS PER CBDT INSTRUCTION NO. 03 OF 2018, DATED 11 TH JULY, 2018, WHICH IS BINDING ON THE DEPARTMENT, THE DEPART MENT IS PRECLUDED FROM FILING THE PRESENT APPEAL, AS THIS INSTRUCTION IS A PPLICABLE RETROSPECTIVELY. THEREFORE, THE AFORESAID APPEAL CAN NO T SURVIVE ANY LONGER. ACCORDINGLY, THE APPEAL FILED BY THE REVENUE DEPARTME NT IS DISMISSED AS NOT MAINTAINABLE. 4. IN THE RESULT, THE APPEAL FILED BY THE REVENUE DEPA RTMENT IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 15.1 1.2018. SD/- SD/- (SANJAY ARORA) (N.K.CHOUDHRY) ACCOUNTANT MEMBER JU DICIAL MEMBER DATED:15.11.2018 /PK/ PS. COPY OF THE ORDER FORWARDED TO: (1) SH SH. TARIQ AHMAD KATHWARI, LH MISS MERAL KA THWARI, R/O MOHIDIN BUILDING RESIDENCY ROAD, SRINAGAR (2) THE INCOME TAX OFFICER WARD-3(3), SRINAGAR (3) THE CIT(A)-J&K, JAMMU (4) THE CIT CONCERNED (5) THE SR DR, I.T.A.T., AMRITSAR TRUE COPY BY ORDER