Dy. Commissioner of Income Tax, Jammu V. Sh. Subash Kumar Nishchal Prop., Jammu

ITA 558/ASR/2016

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 1428 (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: 2010-2011
• Appeal Filed On: 07-11-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• 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.558(ASR)/2016 ASSESSMENT YEAR:2010-11 DY. CIT, CENTRAL CIRCLE, JAMMU VS. SH. SUBASH KUMAR NISCHAL, PROP. M/S SHIV JEWELLERS AND SONS, L.D. BAZAR, JAMMU PAN: AALPN 1540P (APPELLANT) (RESPONDENT) APPELLANT BY: SH. CHARAN DA SS (LD. DR) RESPONDENT BY: NONE. DATE OF HEARING: 06.09.2018 DATE OF PRONOUNCEMENT: 06.09.2018 ORDER PER N.K. CHOUDHRY THE INSTANT APPEAL HAS BEEN FILED BY THE REVENUE DEPA RTMENT, ON FEELING AGGRIEVED AGAINST THE ORDER DATED 09.08.201 6 PASSED BY THE LD. CIT(A)-5, LUDHIANA, U/S 250(6) OF THE I.T. ACT, 1961 (HEREINAFTER CALLED AS THE ACT). 2. AT THE TIME OF HEARING, IT IS SEEN THAT THE TAX EFF ECT INVOLVED IN THIS APPEAL OF THE REVENUE DEPARTMENT IS LESS THAN RS.20 LACS, HENCE, THE PRESENT APPEAL FILED BY THE REVENUE DEPARTMENT IS LIA BLE TO BE DISMISSED, AS THE SAME IS NOT MAINTAINABLE, IN VIEW OF THE LATEST C BDT INSTRUCTION NO.03 OF 2018, DATED 11.07.2018. ITA NO.558(ASR)/2016 (A.Y.2010-11) DY. CIT V. SUBASH KUMAR NISCHAL, JAMMU 2 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 11 TH JULY, 2018, WHICH IS BINDING ON THE DEPARTMENT, THE DEPART MENT IS PRECLUDED FROM FILING THE PRESENT APPEAL, AS THIS INSTRUCTION IS A PPLICABLE RETROSPECTIVELY. THEREFORE, THE AFORESAID APPEAL CAN NO T SURVIVE ANY LONGER. ACCORDINGLY, THE APPEAL FILED BY THE REVENUE DEPARTME NT 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 06.0 9.2018. SD/- SD/- (SANJAY ARORA) (N.K.CHOUDHRY) ACCOUNTANT MEMBER JU DICIAL MEMBER DATED:06.09.2018 /PK/ PS. COPY OF THE ORDER FORWARDED TO: (1) SH. SUBASH KUMAR NISCHAL, PROP. M/S SHIV JEWELL ERS AND SONS, L.D. BAZAR, JAMMU (2) THE DY. CIT, CENTRAL CIRCLE, JAMMU (3) THE CIT(A)-5, LUDHIANA (4) THE CIT CONCERNED (5) THE SR DR, I.T.A.T., AMRITSAR TRUE COPY BY ORDER