Income Tax Officer, Ward 2(1), Amritsar. V. Sh. Gagandeep Singh, Amritsar.

ITA 541/ASR/2017

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 7778 (ITAT-AMRITSAR)
• Duration Of Justice: 11 month(s) 1 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 18-07-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 18-07-2018
• Assessment Year: 2009-2010
• Appeal Filed On: 17-08-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: BHAWANI SHANKAR LD
• Assessee Lawyers: P N ARORA
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AMRITSAR BENCH, AMRITSAR BEFORE SH. SANJAY ARORA, ACCOUNTANT MEMBER AND SH. N.K.CHOUDHRY, JUDICIAL MEMBER ITA NO.541(ASR)/2017 ASSESSMENT YEAR:2009-1 0 INCOME TAX OFFICER WARD-2(1), AMRITSAR VS. SH. GAGANDEEP SINGH S/O SH. DARSHAN SINGH PROP. M/S. RAJA & CO. 68 RAILWAY LINK ROAD, AMRITSAR PAN:ABSPS 9465Q (APPELLANT) (RESPONDENT) APPELLANT BY: SH. BHAWANI S HANKAR (LD. DR) RESPONDENT BY: SH. P. N. ARORA (ADV.) DATE OF HEARING: 18.07.2018 DATE OF PRONOUNCEMENT: 18 .07.2018 ORDER PER N.K. CHOUDHRY THE INSTANT APPEAL HAVE BEEN FILED BY THE REVENUE DE PARTMENT, ON FEELING AGGRIEVED AGAINST THE ORDER DATED 31.05.2 017 PASSED BY THE LD. CIT(A)-1, AMRITSAR U/S 250(6) OF THE I.T. ACT, 196 1 (HEREINAFTER CALLED AS THE ACT). 2. AT THE TIME OF HEARING, IT IS SEEN THAT THE TAX EFFE CT INVOLVED IN THIS APPEAL OF THE REVENUE DEPARTMENT IS LESS THAN RS.2 0 LACS. THE PRESENT APPEAL FILED BY THE REVENUE DEPARTMENT IS LIA BLE TO BE DISMISSED, AS THE SAME IS NOT MAINTAINABLE, IN VIEW OF T HE LATEST CBDT INSTRUCTION NO.03 OF 2018, DATED 11.07.2018. 3. THE LD. DR ALSO AGREED THAT THE TAX EFFECT IN THIS AP PEAL IS LESS THAN RS.20 LACS. HENCE, AS PER CBDT INSTRUCTION NO. 03 OF 2018, DATED ITA NO.541(ASR)/2017 (A.Y.2009-10) ITO VS. SH. GAGANDEEP SINGH, AMRITSAR 2 11 TH JULY, 2018, WHICH IS BINDING ON THE DEPARTMENT, THE DEPARTMENT IS PRECLUDED FROM FILING THE PRESENT APPEAL, AS THIS IN STRUCTION IS APPLICABLE RETROSPECTIVELY. THEREFORE, THE AFORESAID AP PEAL CAN NOT SURVIVE ANY LONGER. ACCORDINGLY, THE APPEAL FILED BY T HE REVENUE DEPARTMENT IS DISMISSED AS NOT MAINTAINABLE. 4. IN THE RESULT, THE APPEAL FILED BY THE REVENUE DEPA RTMENT IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 18. 07.2018. SD/- SD/- (SANJAY ARORA) (N.K.CHOUDHRY) ACCOUNTANT MEMBER JU DICIAL MEMBER DATED:18.07.2018 /PK/ PS. COPY OF THE ORDER FORWARDED TO: (1) SH. GAGANDEEP SINGH, AMRITSAR (2) THE ITO, WARD-2(1), AMRITSAR (3) THE CIT(A)-1, AMRITSAR (4) THE CIT CONCERNED (5) THE SR DR, I.T.A.T., AMRITSAR TRUE COPY BY ORDER