The Income Tax Officer, Amritsar. V. Stitch Creation (P) Ltd., Amritsar.

ITA 473/ASR/2016

• Counselvise Citation: [2019] 116 COUNSELVISE.COM (IT) 3875 (ITAT-AMRITSAR)
• Duration Of Justice: 2 year(s) 11 month(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: 23-09-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: SSH J S BHASIN ADV P N A RORA; SAURAVH MAG OW
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBU NAL AMRITSAR BENCH, AMRITSAR BEFORE SH. B.R. BASKARAN, ACCOUNTANT MEMBER AN D SH. N.K.CHOUDHRY, JUDICIAL MEMBER ITA NO.462/ASR/2018 ASSESSMENT YEAR:2009-10 INCOME TAX OFFICER WARD-3(4), JALANDHAR VS. SH. JAGJIT SINGH JABBLE S/O MOHINDER SINGH, 373/8, CENTRAL TOWN, JALANDHAR [PAN:AGFPJ 2411B] (APPELLANT) (RESPONDENT) ITA NO.43/ASR/2018 ASSESSMENT YEAR:2009-10 INCOME TAX OFFICER WARD-2, PHAGWARA. VS. SH. SADHU SINGH, S/O JAWALA SINGH, THROUGH LEGAL HEIR SH. LAKHBIR SINGH, S/O SH. SADHU SINGH, VPO CHEEMA KALAN, PHILLAUR ROAD, NURMAHAL, TEHSIL PHILLAUR [PAN:CZKPS 0054D] (APPELLANT) (RESPONDENT) ITA NO.568/ASR/2015 ASSESSMENT YEAR:2007-08 INCOME TAX OFFICER WARD-II(5), ABOHAR VS. SH. SHER SINGH GHUBAYA, S/O SH. NARAIN SINGH, VILL. GHUBAYA, TEH-JALALABAD [PAN:ASHPS 0525R] (APPELLANT) (RESPONDENT) 2 ITA NO.555/ASR/2015 ASSESSMENT YEAR:2007-08 INCOME TAX OFFICER WARD-I(1), BATHINDA VS. SH. CHIRANJI LAL GARG, #392, URBAN ESTATE, MODEL TOWN, BATHINDA [PAN:ACRPG 4525D] (APPELLANT) (RESPONDENT) ITA NO.438/ASR/2011 ASSESSMENT YEAR:2003-04 INCOME TAX OFFICER WARD-4(4), AMRITSAR VS. M/S. VIVEK PRINTS, BATALA ROAD, AMRITSAR [PAN:AAAFV 9902G] (APPELLANT) (RESPONDENT) ITA NOS.244 & 245/ASR/20 16 ASSESSMENT YEARS:2008-09 & 2009-10 INCOME TAX OFFICER WARD-3(2), FEROZEPUR VS. SH. DHARMINDER MITTAL 55, JHOKE ROAD, FEROZEPUR CANNT. [PAN:AHBPM 1655R] (APPELLANT) (RESPONDENT) ITA NOS.246 & 247/ASR/2016 ASSESSMENT YEARS:2008-09 & 2009-10 INCOME TAX OFFICER WARD-3(2), FEROZEPUR VS. SMT. ANITA MITTAL W/O SH. DHARMINDER MITTAL 55, JHOKE ROAD FEROZEPUR CANNT. [PAN:ADIPM 7293A] (APPELLANT) (RESPONDENT) 3 ITA NO.473/ASR/2016 ASSESSMENT YEAR:2010-11 INCOME TAX OFFICER WARD-5(5), AMRITSAR VS. STITCH CREATION (P) LTD. 66-F, NEHRU SHOPPING COMPLEX LAWRENCE ROAD, AMRITSAR [PAN:AAJCS 1500P] (APPELLANT) (RESPONDENT) APPELLANT BY: SH. CHARAN DA SS (LD. DR) RESPONDENT BY: S/SH. J.S. BHASIN (ADV.) P.N.A RORA (ADV.) & SAURAVH MAG OW (ADV.) DATE OF HEARING: 23.08.2019 DATE OF PRONOUNCEMENT: 23.08.2019 ORDER PER BENCH THE REVENUE DEPARTMENT HAS PREFERRED THE CAPTIONED AP PEALS AGAINST THE ORDERS IMPUGNED HEREIN PASSED BY THE LD. C IT(A) IN THE CAPTIONED MATTER U/S 250(6) OF THE ACT, 1961 (HEREINAF TER CALLED AS THE ACT). 2. AT THE OUTSET IT IS OBSERVED THAT TAX EFFECT INVOLVED IN THE APPEALS UNDER CONSIDERATION INDIVIDUALLY IS NOT MORE TH AN 50 LACS, HENCE THE INSTANT APPEALS ARE LIABLE TO BE DISMISSED AS N OT MAINTAINABLE, IN VIEW OF THE LATEST CBDT CIRCULAR NO. 17/2019, DATED 08.08.2019 WHEREBY THE REVENUE DEPARTMENT IS PRECLUD ED FROM FILING THE APPEALS(S) BEFORE APPELLATE TRIBUNAL AGAINST THE ORDER (S) OF CIT(A), IN WHICH THE TAX EFFECT DOES NOT EXCEED RS. 50,0 0,000/- AS SPECIFIED IN THE CIRCULAR AND THE CBDT CLARIFICATION DATED 20 TH AUGUST 2019 WHEREBY IT IS CLARIFIED THAT REVISED MONETARY LI MITS SO 4 MENTIONED IN THE CIRCULAR 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 CAPTIO NED APPEAL FALLS WITHIN THE EXCEPTION AS PRESCRIBED IN CIRCULAR NO.03/201 8 (SUPRA) AND/OR HAVING INVOLVED THE TAX EFFECT MORE THAN RS. 5 0 LACS. 4. IN THE RESULT, THE APPEALS UNDER CONSIDERATION FILED BY THE REVENUE DEPARTMENT STANDS DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT ON 23/0 8/2019. SD/- SD/- (B.R.BASKARAN) (N.K.CHOUDHRY) ACCOUNTANT MEMBER JU DICIAL MEMBER DATED: 23/08/2018 /PK/ PS. COPY FORWARDED TO: 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT 4. THEN CIT(APPEALS) 5. SR DR, I.T.A.T. AMRITSAR 6. GUARD FILE TRUE COPY BY ORDER