The Asstt. Commissioner of Income-tax, Amritsar. V. Sh. Arun Kumar Jain, Amritsar.

ITA 445/ASR/2011

• Counselvise Citation: 44520914 RSA 2011
• Duration Of Justice: 1 year(s) 27 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 05-09-2012
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 05-09-2012
• Assessment Year: 2006-2007
• Appeal Filed On: 08-08-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: AMRIK CHAND
• Assessee Lawyers: V P MAHAJAN
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AMRITSAR BENCH; AMRITSAR. BEFORE SH. H.S. SIDHU, JUDICIAL MEMBER AND SH. B.P.JAIN, ACCOUNTANT MEMBER I.T.A. NO.445(ASR)/2011 ASSESSMENT YEAR:2006-07 PAN :ABCPJ7385C THE ASSTT. COMMR. OF INCOME-TAX, VS. SH. ARUN KUMAR JAIN, CICLE-IV, AMRITSAR. AMRITSAR. (APPELLANT) (RESPONDENT) APPELLANT BY:SH. AMRIK CHAND, DR RESPONDENT BY:SH. V.P. MAHAJAN, ADVOCATE DATE OF HEARING:05/09/2012 DATE OF PRONOUNCEMENT:05/09/2012 ORDER PER BENCH ; THIS APPEAL FILED BY THE REVENUE IS AGAINST THE IMPUGNED ORDER OF CIT(A), AMRITSAR, DATED 26/05/2011 RELATING TO ASS ESSMENT YEARS 2006-07. 2. AT THE TIME OF HEARING, THE LD. COUNSEL FOR THE ASSESSEES, SH. V.P. MAHAJAN POINTED OUT THAT THE TAX EFFECT INVOLVED IN THE PRESENT APPEAL OF THE REVENUE IS LESS THAN RS. 3 LAKHS. THEREFORE, THE P RESENT APPEAL FILED BY THE DEPARTMENT MAY BE DISMISSED, AS THE SAME IS NOT MA INTAINABLE BEING CONTRARY TO CBDTS INSTRUCTION NO.3 OF 2011 DATED 0 9.02.2011. 2 3. ON THE CONTRARY, THE LD. DR RELIED UPON THE ORDE R OF THE ASSESSING OFFICER. 4. WE HAVE HEARD BOTH THE PARTIES AND PERUSED THE R ELEVANT MATERIALS AVAILABLE ON RECORD, ESPECIALLY CBDTS INSTRUCTION NO.3 OF 2011, DATED 9 TH FEBRUARY, 2011. WE ARE OF THE VIEW THAT THE DEPART MENT IS DUTY BOUND TO FOLLOW THE INSTRUCTION OF THE CBDT BUT IN THE PRESE NT CASE, THE REVENUE HAS NOT FOLLOWED THE SAME AND FILED THE PRESENT APPEAL . KEEPING IN VIEW THE FACTS AND CIRCUMSTANCES OF THE CASE, WE ARE OF THE VIEW THAT THE TAX EFFECT INVOLVED IN THE PRESENT APPEAL OF THE REVENUE IS LE SS THAN RS. 3 LAKHS AND THE SAID INSTRUCTION NO.3 OF 2011 DATED 9 TH FEB.,2011 OF CBDT IS BINDING UPON THE DEPARTMENT AND THEREFORE, THE PRESENT IS NOT MAINTAINABLE AND HENCE THE SAME IS DISMISSED. 5. IN THE RESULT, THE APPEAL OF THE REVENUE IS DIS MISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 5TH SEPTEMBER, 2012. SD/- SD/- (B.P. JAIN) (H.S. SIDHU) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 5TH SEPTEMBER, 2012 /SKR/ COPY OF THE ORDER FORWARDED TO: 1. THE ASSESSEE:SH. ARUN KUMAR JAIN, AMRITSAR. 2. THE ACIT, CIR.IV, ASR.3. THE CIT(A) 3. THE CIT 4. THE SR DR, ITAT, AMRITSAR. TRUE COPY BY ORDER