The Asstt. Commissioner of Income-tax, Amritsar. V. M/s. Bishan Steel Industries, Amritsar.

ITA 591/ASR/2014

• Counselvise Citation: [2019] 118 COUNSELVISE.COM (IT) 6607 (ITAT-AMRITSAR)
• Duration Of Justice: 4 year(s) 3 month(s) 21 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 21-01-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 17-01-2019
• Assessment Year: 2009-2010
• Appeal Filed On: 30-09-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect
• Section: 143(3); 147

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. 591/ASR/2014 AS SESSMENT YEAR: 2009-10 ASSISTANT COMMISSIONER OF INCOME TAX, AMRITSAR VS. BISHAN STEEL INDUSTRIES, TOP FLOOR, BISHAN HOUSE, KAMLA MARKET, KARMON DEORI, AMRITSAR [PAN: AAAFB 9250F] (APPELLANT) (RESPONDENT) APPELLANT BY : SH. CHARAN DASS (D. R.) RESPONDENT BY: SH. TARUN BANSAL DATE OF HEARING: 17.01.2019 DATE OF PRONOUNCEMENT: 21.01.201 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), AMRITSAR (CI T(A)' FOR SHORT) DATED 13.08.2014, PARTLY ALLOWING THE ASSESSEES APPEAL C ONTESTING ITS ASSESSMENT U/S. 143(3) R/W S. 147 OF THE INCOME TAX ACT, 1961 ('THE ACT' HEREINAFTER) DATED 28.03.2014 FOR THE ASSESSMENT YEAR (AY) 2009-10. 2. AT THE OUTSET, IT WAS SUBMITTED BY THE LD. COUNS EL FOR THE ASSESSEE, SH. BANSAL, THAT THE TAX EFFECT OF THE INSTANT APPEAL IS BELOW RS. 20 LACS, I.E., THE THRESHOLD MONETARY 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 REFERENC E TO THE GROUNDS OF APPEAL ASSUMED ITA NO.591/ASR/2014 (AY 2009-10) ASST. CIT V. BISHAN STEEL INDUSTRIES 2 BEFORE US AND THE RELIEF ALLOWED IN APPEAL, HE WOUL D, FURNISHING A CALCULATION SHEET, CLAIM THAT THE ADDITION DISPUTED BY THE REVENUE BEI NG FOR RS. 43.69 LACS; THE TOTAL ADDITIONS MADE IN ASSESSMENT ITSELF BEING FOR RS. 4 4.68 LACS ONLY. 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 JANUARY 21, 2 019 SD/- SD/- (N. K. CHOUDHRY) (SANJAY ARORA) JUDICIAL MEMBER ACCOUNTANT MEMBER DATE: 21.01.2019 /GP/SR. PS. COPY OF THE ORDER FORWARDED TO: (1) THE APPELLANT: ASSISTANT COMMISSIONER OF I NCOME TAX, AMRITSAR (2) THE RESPONDENT: BISHAN STEEL INDUSTRIES, TO P FLOOR, BISHAN HOUSE, KAMLA MARKET, KARMON DEORI, AMRITSAR (3) THE CIT(APPEALS), AMRITSAR TRUE COPY (4) THE CIT CONCERNED (5) THE SR. DR, I.T.A.T BY ORDER