The Asstt. Commissioner of Income-tax, Jalandhar V. M/s. Asha Builders Ltd., Jalandhar

ITA 50/ASR/2014

• Counselvise Citation: [2015] 121 COUNSELVISE.COM (IT) 1425 (ITAT-AMRITSAR)
• Duration Of Justice: 1 year(s) 10 month(s) 20 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 21-12-2015
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2007-2008
• Appeal Filed On: 31-01-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: R K SHARDA
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AMRITSAR BENCH; AMRITSAR BEFORE SH. A.D.JAIN, HONBLE JUDICIAL MEMBER AND SH. T.S. KAPOOR, HONBLE ACCOUNTANT MEMBER I.T.A NO. 50(ASR)/2014 ASSESSMENT YEAR: 2007-08 THE ASST. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-II, JALANDHAR. VS. M/S. ASHA BUILDERS LTD., K.K. TOWERS, CIVIL LINES, JALANDHAR. PAN: AABCA 1768P (APPELLANT) (RESPONDENT) APPELLANT BY: SH. R.K. SHARDA (DR.) RESPONDENT BY: SH. SURIN DER MAHAJAN (CA.) DATE OF HEARING: 21.12.2015 DATE OF PRONOUNCEMENT: 21.12.2015 ORDER PER T.S. KAPOOR(AM): THIS IS AN APPEAL FILED BY THE REVENUE AGAINST THE ORDER OF LEARNED CIT(A), DATED 4.11.2013 FOR THE ASST. YEAR 2007-08 . 2. AT THE TIME OF HEARING THE LEARNED COUNSEL FOR T HE ASSESSEE 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 NOT MAI NTAINABLE BEING CONTRARY TO CBDTS INSTRUCTION NO.21 OF 2015 DATED 10.12.2015. 2 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 FI LING THE PRESENT APPEAL, AS THIS INSTRUCTION IS APPLICABLE RETROSPEC TIVELY. THEREFORE, IN OUR CONSIDERED OPINION, THE SAID INSTRUCTION OF CBDT IS BINDING UPON THE DEPARTMENT AND THE PRESENT APPEAL HAS BEEN FILED CO NTRARY TO THE SAID INSTRUCTION ISSUED BY THE CBDT. ACCORDINGLY, THE AP PEAL FILED BY THE REVENUE IS DISMISSED, AS NOT MAINTAINABLE. 5. IN VIEW OF THE ABOVE, THE APPEAL FILED BY THE RE VENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON THE CONCLUSIO N OF HEARING, IS PRONOUNCED ON THIS DAY OF 21 ST DECEMBER, 2015. SD/- SD/- (A.D. JAIN) (T. S. KAPOOR) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 21.12.2015. /PK/ PS. COPY OF THE ORDER FORWARDED TO: (1) THE ASSESSEE: (2) THE 3 (3) THE CIT(A), (4) THE CIT, (5) THE SR DR, I.T.A.T., TRUE COPY BY ORDER (ASSISTANT REGISTRAR) INCOME TAX APPELLATE TRIBUNAL, AMRITSAR BENCH: AMRITSAR. 4 I.T.A NO. 76(ASR)/2014 ASSESSMENT YEAR: 2008-09 THE INCOME TAX OFFICER, WARD -1(4), MANSA VS. SH. RADHEY SHAM, S/O BRIJ LAL, MANSA, W.NO.17, NEAR M.C. PARK, MANSA. PAN: CMKPS4217J (APPELLANT) (RESPONDENT) M/S. ABDUL RASID SARAF PROP. M/S MILLAT TEXTILES BARAMULLA, KASHMIR. PAN:ABWPB5198B VS. THE ASSIST. COMMISSIONER OF INCOME TAX, CIRCLE SRINAGAR. (CROSS OBJECTOR) (RESPONDENT) APPELLANT BY: SH. R.K. SHARDA (DR.) RESPONDENT BY: NONE. I.T.A NO. 50(ASR)/2014 ASSESSMENT YEAR: 2007-08 THE ASST. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-II, JALANDHAR. VS. M/S. ASHA BUILDERS LTD., K.K. TOWERS, CIVIL LINES, JALANDHAR. PAN: AABCA 1768P (APPELLANT) (RESPONDENT) 5 APPELLANT BY: SH. R.K. SHARDA (DR.) RESPONDENT BY: SH. SURINDER MAHAJAN (CA .)