Deputy Commissioner of Income Tax, Jammu V. Sh. Darshan Kumar Nischal , prop., Jammu

ITA 556/ASR/2016

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 1429 (ITAT-AMRITSAR)
• Duration Of Justice: 1 year(s) 9 month(s) 29 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 06-09-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 06-09-2018
• Assessment Year: 2008-2009
• Appeal Filed On: 07-11-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect
• Section: 153A

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.556(ASR)/2016 AS SESSMENT YEAR: 2008-09 DY. CIT, CENTRAL CIRCLE, JAMMU VS. SH. DARSHAN KUMAR NISCHAL, PROP. M/S KRISHNA JEWELLERS, JAIN BAZAR, JAMMU. [PAN: AAUPN 1104A] (APPELLANT) (RESPONDENT) APPELLANT BY : SH. CHARAN DASS, (D.R .) RESPONDENT BY: NONE. DATE OF HEARING: 06.09.2018 DATE OF PRONOUNCEMENT: 06 .09.20 18 ORDER PER SANJAY ARORA, AM: THIS IS AN APPEAL BY THE REVENUE DIRECTED AGAINST T HE ORDER BY THE COMMISSIONER OF INCOME TAX (APPEALS)-5, LUDHIANA ( CIT(A)' FOR SHORT) DATED 05.08.2016, ALLOWING THE ASSESSEES APPEAL CONTESTI NG HIS ASSESSMENT UNDER SECTION 153A OF THE INCOME TAX ACT, 1961 ('THE ACT' HEREINA FTER) DATED 10.03.2016 FOR THE ASSESSMENT YEAR (AY) 2008-09. 2. AT THE OUTSET, IT WAS OBSERVED BY THE BENCH THAT THE TAX EFFECT OF THE INSTANT APPEAL IS BELOW RS. 20 LACS, I.E., THE THRESHOLD MO NETARY LIMIT APPLICABLE FOR THE REVENUES APPEALS BEFORE THE TRIBUNAL U/S. 268A OF THE ACT AS PER THE LATEST INSTRUCTION, I.E., NO. 3 OF 2018, DATED 11.07.2018, BY THE CBDT, SO THAT IT IS NOT MAINTAINABLE. WITH REFERENCE TO THE GROUNDS OF APPE AL ASSUMED BEFORE US AS WELL AS ITA NO.556/ASR/2016 (AY 2008-09) DY.CIT V. DA RSHAN KUMAR NISCHAL, JAMMU 2 THE ASSESSMENT ORDER, ASSESSING THE TOTAL INCOME AT RS. 66.53 LACS, IT WAS CONFIRMED BY THE BENCH THAT THE TAX-EFFECT IS BELOW RUPEES TWENT Y LAKHS; THE SOLE ADDITION UNDER CHALLENGE BEING FOR RS. 50 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 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. 5. IN THE RESULT, THE REVENUES APPEAL IS DISMISSED IN LIMINE . ORDER PRONOUNCED IN THE OPEN COURT ON SEPTEMBER,6, 2018 SD/- SD/- (N. K. CHOUDHRY) (SANJAY ARORA) JUDICIAL MEMBER ACCOUNTANT MEMBER DATE: 06.09.2018 /PK/ PS. COPY OF THE ORDER FORWARDED TO: (1) SH. DARSHAN KUMAR NISCHAL, PROP. M/S KRISH NA JEWELLERS, JAIN BAZAR, JAMMU. (2) THE DY. CIT, CENTRAL CIRCLE, JAMMU (3) THE CIT(APPEALS)-5, LUDHIANA (4) THE CIT CONCERNED (5) THE SR. DR, I.T.A.T TRUE COPY BY ORDER