The Asstt. Commissioner of Income-tax, Amritsar. V. M/s. Chand Enterprises, Amritsar.

ITA 460/ASR/2011

• Counselvise Citation: [2015] 121 COUNSELVISE.COM (IT) 1455 (ITAT-AMRITSAR)
• Duration Of Justice: 4 year(s) 3 month(s) 18 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 17-12-2015
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 17-12-2015
• Assessment Year: 2007-2008
• Appeal Filed On: 29-08-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect

Judgement Text

1 IN THE INCOME TAX APPELLATE TRIBUNAL, AMRITSAR BENCH; AMRITSAR BEFORE SH. A.D. JAIN, JUDICIAL MEMBER AND SH. T.S. KAPOOR, ACCOUNTANT MEMBER ITA NO.460(ASR)/2011 ASSESSMENT YEAR:2007-08 PAN: AACFCO728R ASSTT. COMMR. OF INCOME TAX, VS. M/S. CHAND ENTERPR ISES, CIRCLE-IV, AMRITSAR. AMRITAR. (APPELLANT) (RESPONDENT) APPELLANT BY:SMT. TARUNDEEP KAUR DR RESPONDENT BY:SH. NIPUN KHANNA CA DATE OF HEARING: 17/12/2015 DATE OF PRONOUNCEMENT: 17/12/2015 ORDER PER A.D.JAIN, JM: THIS IS DEPARTMENTS APPEAL FOR THE ASSESSMENT YEAR 2007-08 AGAINST THE ORDER OF THE CIT(A), BATHINDA DATED 21. 06.2011. 2. AT THE TIME OF HEARING THE LD. COUNSEL FOR THE A SSESSEE RAISED A PRELIMINARY OBJECTION THAT THE TAX EFFECT INVOLVED IN THE REVENUES APPEAL IS LESS THAN RS.10 LACS. THEREFORE, THE PRESENT APP EAL FILED BY THE DEPARTMENT MAY BE DISMISSED, AS THE SAME IS NO LONG ER MAINTAINABLE IN VIEW OF CBDT INSTRUCTION NO.21 OF 2015 DATED 10.12 .2015. 3. ON THE OTHER HAND, THE LD. DR RELIED UPON THE OR DER OF THE ASSESSING OFFICER. 4. AFTER HEARING BOTH THE PARTIES, IT IS SEEN THAT THE TAX EFFECT INVOLVED IN THIS APPEAL IS LESS THAN RS.10,00,000/-. HENCE, AS PER CBDT INSTRUCTION NO. 21 OF 2015, DATED 10 TH DEC., 2015, WHICH IS BINDING ON THE DEPARTMENT, THE DEPARTMENT IS PRECLUDED FROM MA INTAINING THE 2 PRESENT APPEAL, AS THIS INSTRUCTION IS APPLICABLE R ETROSPECTIVELY. ACCORDINGLY, THE APPEAL FILED BY THE REVENUE IS DI SMISSED, AS NOT MAINTAINABLE. 5. IN THE RESULT, THE APPEAL FILED BY THE REVENUE I S DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 17TH D ECEMBER, 2015. SD/- SD/- (T.S.KAPOOR) (A.D. JAIN) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 17/12/2015 /SKR/ COPY OF ORDER FORWARDED TO: 1. THE ASSESSEE: M/S. CHAND ENTERPRISES, 2. THE ACIT, CIR.IV, AMRITSAR. 3. THE CIT(A), ASR 4. THE CIT, ASR. 5. THE SR. DR, ITAT, ASR. TRUE COPY BY ORDER (ASSISTANT REGISTRAR) INCOME TAX APPELLATE TRIBUNAL AMRITSAR BENCH: AMRITSAR.