INCOME TAX OFFICER, WARD 6 (2), PATHANKOT V. M/S K.M.C COMMUNICATION, PATHANKOT

ITA 573/ASR/2017

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 1443 (ITAT-AMRITSAR)
• Duration Of Justice: 11 month(s) 17 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-08-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 21-08-2018
• Assessment Year: 2010-2011
• Appeal Filed On: 06-09-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: GAUTAM DEB
• 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 I. T. A. NO. 573/(ASR)/2017 ASSES SMENT YEAR: 2010-11 INCOME TAX OFFICER, WARD 6(2), PATHANKOT VS. K. M. COMMUNICATION, MOHAN DALHOSIE ROAD, PATHANKOT, PUNJAB [PAN: AAKFK 2280Q] (APPELLANT) (RESPONDENT) APPELLANT BY : SH. GAUTAM DEB (D.R. ) RESPONDENT BY: NONE DATE OF HEARING: 21.08.2018 DATE OF PRONOUNCEMENT: 23.08.2018 ORDER PER SANJAY ARORA, AM: THIS IS AN APPEAL BY THE REVENUE ARISING OUT OF THE ORDER BY THE COMMISSIONER OF INCOME TAX (APPEALS)-2, AMRITSAR ( CIT(A) FOR SHORT) DATED 29.06.2017, ALLOWING THE ASSESSEES APPEAL CONTESTI NG THE LEVY OF PENALTY UNDER SECTION 271(1)(C) OF THE INCOME TAX ACT, 1961 ('THE ACT' HEREINAFTER) DATED 28.03.2016 FOR THE ASSESSMENT YEAR (AY) 2010-11. 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. 573/ASR/2017 (AY 2010-11) ITO V. K. M. COMMUNICATION 2 THE PENALTY ORDER, IT WAS CONFIRMED BY THE BENCH TH AT THE PENALTY AMOUNT UNDER CHALLENGE, WHICH IS TO BE REGARDED AS THE TAX EFFEC T IN CASE WHERE THE APPEAL RELATES TO THE IMPOSITION OF PENALTY, IS RS. 14.12 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 MONETA RY LIMITS FOR THE PURPOSE OF REGULATING THE FILING OF APPEALS BY THE REVENUE BEF ORE THE DIFFERENT APPELLATE AUTHORITIES, AND WHICH SHALL, WHILE DECIDING THOSE APPEALS, HAVE REGARD TO THE SAID LIMITS. THE MONETARY LIMIT FIXED PER THE LATEST INS TRUCTION SUPRA 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 C ITED SUPRA, WHICH IS TO APPLY FOR PENDING APPEALS AS WELL, IS NOT MAINTAINABLE. THE R EVENUES 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 AUGUST 23, 20 18 SD/- SD/- (N. K. CHOUDHRY) (SANJAY ARORA) JUDICIAL MEMBER ACCOUNTANT MEMBER DATE: 23.08.2018 /GP/SR. PS. COPY OF THE ORDER FORWARDED TO: (1) THE APPELLANT: INCOME TAX OFFICER, WARD 6(2 ), PATHANKOT (2) THE RESPONDENT: K. M. COMMUNICATION, MOHAN DALHOSIE ROAD, PATHANKOT, PUNJAB (3) THE CIT(APPEALS)-2, AMRITSAR TRUE COPY (4) THE CIT CONCERNED BY ORDER (5) THE SR. DR, I.T.A.T.