The Income Tax Officer, Amritsar. V. M/s S.S. Embroidery, Amritsar.

ITA 434/ASR/2015

• Counselvise Citation: [2019] 116 COUNSELVISE.COM (IT) 3867 (ITAT-AMRITSAR)
• Duration Of Justice: 4 year(s) 10 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: 2010-2011
• Appeal Filed On: 12-08-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• 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. 434/ASR/2015 ASS ESSMENT YEAR: 2010-11 INCOME TAX OFFICER, WARD-5(4), AMRITSAR VS. M/S S. S. EMBROIDERY, MAJITHA ROAD, BYE PASS, AMRITSAR [PAN: AAOFS 0551Q] (APPELLANT) (RESPONDENT) I.T.A. NO. 577/ASR/2018 AS SESSMENT YEAR: 2013-14 JCIT (OSD), CIRCLE-II, BATHINDA VS. M/S KRISHNAS DREAMLAND, GONIANA ROAD, BATHINDA [PAN: AAIFK 5528P] (APPELLANT) (RESPONDENT) I.T.A. NO. 349/ASR/2016 AS SESSMENT YEAR: 2011-12 INCOME TAX OFFICER, WARD-6(1), PATHANKOT VS. SH. AKSHAY KUMAR, DALHOUSIE ROAD, PATHANKOT [PAN: AHLPK 8458N] (APPELLANT) (RESPONDENT) I.T.A. NO. 612/ASR/2015 AS SESSMENT YEAR: 2012-13 THE ASSTT. COMMISSIONER OF INCOME TAX, CIRCLE-1, BATHINDA VS. M/S TANTIA SEC(JV), #21605, 6/1A, POWER HOUSE ROAD, BATHINDA 2 [PAN: AACAT 6754F] (APPELLANT) (RESPONDENT) I.T.A. NO. 452/ASR/2016 AS SESSMENT YEAR: 2013-14 INCOME TAX OFFICER, WARD-2(1), BATHINDA VS. M/S TANTIA SEC (JV), POWER HOUSE ROAD, BATHINDA [PAN: AACAT 6754F] (APPELLANT) (RESPONDENT) I.T.A. NOS. 456 & 457/ASR/2016 ASSESSMENT YEAR: 2009-10 INCOME TAX OFFICER, WARD-II (2), MUKTSAR VS. GURNAIB SINGH S/O GULWANT SINGH, DECEASED THROUGH L/H SMT. KARAMJEET KAUR, VILL. SANGUDHAUN, DISTT.- MUKTSAR [PAN: ] (APPELLANT) (RESPONDENT) I.T.A. NO. 439/ASR/2016 AS SESSMENT YEARS: 2008-09 INCOME TAX OFFICER, WARD-4 (1), AMRITSAR VS. SHRI BALJINDER SINGH CHAHAL S/O SHRI NATHA SINGH, VILL. RAMANA CHAK, DISTT. AMRITSAR (PB.) [PAN: AHLPC 4755E] (APPELLANT) (RESPONDENT) APPELLANT BY: SH. CHARAN DASS (D.R.) RESPONDENTS BY : S/SH. PADAM BAHL (CA) & P. N. ARORA (ADV.) 3 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). 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 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 4. IN THE RESULT, THE APPEALS UNDER CONSIDERATION F ILED BY THE REVENUE DEPARTMENT STANDS DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT ON AUGUST 23, 20 19 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 APPELLANTS: (2) THE RESPONDENTS: (3) THE CIT(APPEALS) (4) THE CIT CONCERNED (5) THE SR. DR, I.T.A.T TRUE COPY BY ORDER