The Dy. Commissioner of Income Tax, Amritsar. V. Sh. Rajan Arora Huf C/O, Amritsar.

ITA 467/ASR/2016

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 1120 (ITAT-AMRITSAR)
• Duration Of Justice: 1 year(s) 11 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 13-09-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 13-09-2018
• Assessment Year: 2013-2014
• Appeal Filed On: 20-09-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AMRITSAR BENCH, AMRITSAR. BEFORE SH. SANJAY ARORA, ACCOUNTANT MEMBER AND SH. N. K. CHOUDHRY, JUDICIAL MEMBER I. T. A. NO. 467 & C. O. NO. 24/(ASR)/2016 ASSES SMENT YEAR: 2013-14 DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-3, AMRITSAR VS. RAJAN ARORA HUF C/O MUNSHI RAM PARKASH, TARN TARAN ROAD AMRITSAR [PAN: AAAHR 8476D] (APPELLANT) (RESPONDENT) APPELLANT BY : SH. CHARAN DASS (D .R.) RESPONDENT BY: SH. ASHWANI KALIA (C.A.) DATE OF HEARING: 13.09.2018 DATE OF PRONOUNCEMENT: 13.09.2018 ORDER PER SANJAY ARORA, AM: THIS IS AN APPEAL BY THE REVENUE ARISING OUT OF THE ORDER BY THE COMMISSIONER OF INCOME TAX (APPEALS)-1, AMRITSAR ( CIT(A) FOR SHORT) DATED 24.06.2016, PARTLY ALLOWING THE ASSESSEES APPEAL CONTESTING HIS ASSESSMENT U/S. 143(3) OF THE INCOME TAX ACT, 1961 ('THE ACT' HEREI NAFTER) DATED 16.02.2016 FOR THE ASSESSMENT YEAR (AY) 2013-14. THE ASSESSEE HAS PREF ERRED AS CROSS OBJECTION. 2. AT THE OUTSET, IT WAS BROUGHT TO THE NOTICE OF T HE BENCH BY THE LD. COUNSEL, SH. KALIA, THAT THE TAX EFFECT OF THE REVENUES INS TANT APPEAL IS BELOW RS. 20 LACS, I.E., THE THRESHOLD MONETARY LIMIT APPLICABLE FOR T HE REVENUES APPEALS BEFORE THE TRIBUNAL U/S. 268A OF THE ACT AS PER THE LATEST INS TRUCTION, I.E., NO. 3 OF 2018, DATED 11.07.2018, BY THE CBDT, SO THAT IT IS NOT MAINTAIN ABLE. WITH REFERENCE TO THE ITA NO. 467&CO -24/ASR/2016 (AY 2013-14) DY. CIT V. RAJAN ARORA HUF 2 GROUNDS OF APPEAL ASSUMED BEFORE US AS WELL AS THE ASSESSMENT ORDER, RAISING A TAX DEMAND OF RS. 19.11 LACS, EVEN AS THE LD. CIT(A) HA S ALLOWED PART RELIEF TO THE ASSESSEE, WHICH EXPLAINS ITS CO, IT WAS CONFIRMED BY THE BENCH THAT THE TAX EFFECT IN THIS CASE IS BELOW RS. 20 LACS. 3. SECTION 268A OF THE ACT PROVIDES THAT AN APPELLA TE AUTHORITY, INCLUDING THE APPELLATE TRIBUNAL, SHALL HAVE REGARD TO THE INSTRU CTIONS, DIRECTIONS, ORDERS, ETC. ISSUED BY THE BOARD FROM TIME TO TIME FIXING MONETA RY LIMITS FOR THE PURPOSE OF REGULATING THE FILING OF APPEALS BY THE REVENUE BEF ORE THE DIFFERENT APPELLATE AUTHORITIES, AND WHICH SHALL, WHILE DECIDING THOSE APPEALS, HAVE REGARD TO THE SAID LIMITS. THE MONETARY LIMIT FIXED PER THE LATEST INS TRUCTION SUPRA FOR THE APPEALS BEFORE THE TRIBUNAL IS RS. 20 LACS. 4. UNDER THE CIRCUMSTANCES, THEREFORE, THE INSTANT APPEAL, BEING COVERED BY SECTION 268A READ WITH THE APPLICABLE INSTRUCTION C ITED SUPRA, WHICH IS TO APPLY FOR PENDING APPEALS AS WELL, IS NOT MAINTAINABLE. THE R EVENUES APPEAL IS ACCORDINGLY DISMISSED IN LIMINE AS NOT MAINTAINABLE. THE ASSESSEES CROSS OBJECTIO N (CO) WAS NOT PRESSED AT TIME OF HEARING; THE LD. COUNSEL MAK ING AN ENDORSEMENT TO THE EFFECT OF IT BEING WITHDRAWN. THE SAME IS ACCORDINGLY DISM ISSED AS WITHDRAWN. 5. IN THE RESULT, FOR THE REASONS AFORE-STATED, BOT H THE REVENUES APPEAL AND THE ASSESSEES CO ARE DISMISSED IN LIMINE . ORDER PRONOUNCED IN THE OPEN COURT ON SEPTEMBER 13, 2018 SD/- SD/- (N. K. CHOUDHRY) (SANJAY ARORA) JUDICIAL MEMBER ACCOUNTANT MEMBER DATE: 13.09.2018 /GP/SR. PS. COPY OF THE ORDER FORWARDED TO: (1) THE APPELLANT: DEPUTY COMMISSIONER OF INCOM E TAX, CIRCLE-3, AMRITSAR ITA NO. 467&CO -24/ASR/2016 (AY 2013-14) DY. CIT V. RAJAN ARORA HUF 3 (2) THE RESPONDENT: RAJAN ARORA HUF C/O MUNSHI RAM PARKASH, TARN TARAN ROAD AMRITSAR (3) THE CIT(APPEALS)-1, AMRITSAR (4) THE CIT CONCERNED (5) THE SR. DR, I.T.A.T TRUE COPY BY OR DER