The Asstt. Commissioner of Income Tax, Bathinda V. Sh. Davinder Pal Singh Oberai, Muktsar

ITA 554/ASR/2015

• Counselvise Citation: [2019] 118 COUNSELVISE.COM (IT) 0784 (ITAT-AMRITSAR)
• Duration Of Justice: 3 year(s) 4 month(s) 30 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 26-03-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2008-2009
• Appeal Filed On: 27-10-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: P N ARORA
• Keywords: Tax effect
• Section: 271(1)(c)

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. 554/ASR/2015 AS SESSMENT YEAR: 2008-09 ASSTT. COMMISSIONER OF INCOME TAX, CIRCLE II, BATHINDA VS. DAVINDER PAL SINGH OBERAI C/O OBERAI CONSTRUCTION CORPN., MUKTSAR [PAN: AACPO 6464E] (APPELLANT) (RESPONDENT) APPELLANT BY : SH. CHARAN DASS (D.R. ) RESPONDENT BY: SH. P. N. ARORA (ADV.) DATE OF HEARING: 26.03.2019 DATE OF PRONOUNCEMENT: 26.03.201 9 ORDER PER SANJAY ARORA, AM: THIS IS AN APPEAL BY THE REVENUE DIRECTED AGAINST T HE ORDER BY THE COMMISSIONER OF INCOME TAX (APPEALS), BATHINDA (CI T(A)' FOR SHORT) DATED 31.08.2015, ALLOWING THE ASSESSEES APPEAL CONTESTI NG THE LEVY OF PENALTY UNDER SECTION 271(1)(C) OF THE INCOME TAX ACT, 1961 ('THE ACT' HEREINAFTER) FOR THE ASSESSMENT YEAR (AY) 2008-09 VIDE ORDER DATED 30.3. 2014. 2. NONE APPEARED FOR THE ASSESSEE-RESPONDENT WHEN T HE APPEAL WAS CALLED OUT FOR HEARING, AND NEITHER IS THERE ANY ADJOURNMENT MOTIO N ON RECORD, EVEN AS THERE IS PROPER SERVICE INASMUCH AS THE NOTICE OF HEARING, S ENT PER REGISTERED POST, HAS NOT COME BACK UNSERVED. IT WAS, HOWEVER, SUBMITTED BY T HE LD. DEPARTMENTAL REPRESENTATIVE (DR), SH. CHARAN DASS, THAT THE TAX EFFECT OF THE INSTANT APPEAL IS ITA NO. 554/ASR/2015 (AY 2008-09) ASSTT . CIT V. DAVINDER PAL SINGH OBERAI 2 BELOW RS. 20 LACS, SO THAT THE SAME IS NOT MAINTAIN ABLE U/S. 268A OF THE ACT READ WITH THE LATEST INSTRUCTION, I.E., NO. 3 OF 2018, DATED 11.07.2018, BY THE CBDT, PRESCRIBING THE THRESHOLD MONETARY LIMIT APPLICABLE FOR THE REV ENUES APPEALS BEFORE THE TRIBUNAL U/S. 268A OF THE ACT AT RS. 20 LACS. OBSERVING THAT THE QUANTUM OF PENALTY LEVIED, I.E., RS. 33.65 LACS, DELETED PER THE IMPUGNED ORDER IN F ULL, HE WAS QUERIED IN THE MATTER. THE MATTER, IT WAS EXPLAINED, HAD SINCE TRAVELLED T O THE HONBLE JURISDICTIONAL HIGH COURT, I.E., IN QUANTUM PROCEEDINGS ( C.S. ATWAL V. CIT [2015] 378 ITR 244 (P&H)), WHICH HAS ALLOWED SUBSTANTIAL RELIEF IN QUANTUM, I. E., IN RESPECT OF TRANSFERS WHICH HAD NOT BEEN REGISTERED IN THE NAME OF THE BUYERS. THE PENALTY AMOUNT THAT SURVIVES THE SAID DECISION, INCLUDED IN THE PENALTY DELETED BY T HE LD. CIT(A), IS RS. 12,29,152/-, I.E. BELOW RS. 20 LACS, PLACING ON RECORD COPY OF THE WI THDRAWAL LETTER DATED 25/1/2019BY THE OFFICE OF THE PR. CIT, BATHINDA BEARING A REFER ENCE TO, AMONG OTHERS, THE INSTANT APPEAL AS WELL (COPY ON RECORD). 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 MONETARY LIMI TS FOR THE PURPOSE OF REGULATING THE FILING OF APPEALS BY THE REVENUE BEFORE THE DIF FERENT APPELLATE AUTHORITIES, AND WHICH SHALL, WHILE DECIDING THOSE APPEALS, HAVE REG ARD TO THE SAID LIMITS. THE MONETARY LIMIT FIXED PER THE LATEST INSTRUCTION SUP RA 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 CITED SUP RA, WHICH IS TO APPLY FOR PENDING APPEALS AS WELL, IS NOT MAINTAINABLE. THE REVENUES APPEAL IS ACCORDINGLY DISMISSED IN LIMINE AS NOT MAINTAINABLE. WE DECIDE ACCORDINGLY. ITA NO. 554/ASR/2015 (AY 2008-09) ASSTT . CIT V. DAVINDER PAL SINGH OBERAI 3 5. IN THE RESULT, THE REVENUES APPEAL IS DISMISSED IN LIMINE . ORDER PRONOUNCED IN THE OPEN COURT ON MARCH 26, 201 9 SD/- SD/- (N. K. CHOUDHRY) (SANJAY ARORA) JUDICIAL MEMBER ACCOUNTANT MEMBER DATE: 26.03.2019 /GP/SR. PS. COPY OF THE ORDER FORWARDED TO: (1) THE APPELLANT: ASSTT. COMMISSIONER OF INCOM E TAX, CIRCLE II, BATHINDA (2) THE RESPONDENT: DAVINDER PAL SINGH OBERAI C /O OBERAI CONSTRUCTION CORPN., MUKTSAR (3) THE CIT(APPEALS), BATHINDA (4) THE CIT CONCERNED (5) THE SR. DR, I.T.A.T. TRUE COPY BY OR DER