DEPUTY COMMISSIONER OF INCOME TAX CIRCLE - V, AMRITSAR V. AMRITSAR SWEDESHI TEXTILE CORP.PRIVATE LIMITED, AMRITSAR

ITA 609/ASR/2018

• Counselvise Citation: [2019] 116 COUNSELVISE.COM (IT) 3884 (ITAT-AMRITSAR)
• Duration Of Justice: 8 month(s) 16 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-08-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2007-2008
• Appeal Filed On: 07-12-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRI BUNAL AMRITSAR BENCH, AMRITSAR BEFORE SH. B.R. BASKARAN, ACCOUNTANT MEMBER AN D SH. N.K.CHOUDHRY, JUDICIAL MEMBER ITA NO.186/ASR/2019 ASSESSMENT YEAR:2013-14 DY.CIT CIRCLE-HOSHIARPUR VS. M/S ATLANTIC POWER (P.) LTD. VPO TERKIANA, TEHSIL DASUYA DISTT. HOSHIAPUR [PAN:AAHCA 8867F] (APPELLANT) (RESPONDENT) ITA NO.301/ASR/2019 ASSESSMENT YEAR:2014-15 JT. CIT (OSD) CIRCLE-II, BATHINDA VS. M/S SATIA SYNTHETICS LTD., MUKTSAR [PAN:AAECS 7233A] (APPELLANT) (RESPONDENT) ITA NO.609/ASR/2018 ASSESSMENT YEAR:2007-08 DY. CIT CIRCLE-V, AMRITSAR VS. AMRITSAR SWADESHI TEXTILE CORP. PVT. LTD. RAM TIRATH ROAD, AMRITSAR [PAN:AAFCA 0627F] (APPELLANT) (RESPONDENT) ITA NO.429/ASR/2019 ASSESSMENT YEAR:2015-16 ASST. CIT CIRCLE-1, AMRITSAR VS. SH. NAVIN MITTAL 44, KATRA SHER SINGH, AMRITSAR [PAN:AEYPM 1540D] (APPELLANT) (RESPONDENT) 2 ITA NO.430/ASR/2019 ASSESSMENT YEAR:2015-16 ASST. CIT CIRCLE-1, AMRITSAR VS. SMT. RUBY MITTAL 44, KATRA SHER SINGH, AMRITSAR [PAN:ADLPG 7029B] (APPELLANT) (RESPONDENT) ITA NO.431/ASR/2019 ASSESSMENT YEAR:2015-16 ASST. CIT CIRCLE-1, AMRITSAR VS. SH. RAJESH MITTAL (HUF) 44, KATRA SHER SINGH, AMRITSAR [PAN:AAKHR 6016B] (APPELLANT) (RESPONDENT) ITA NO.432/ASR/2019 ASSESSMENT YEAR:2015-16 ASST. CIT CIRCLE-1, AMRITSAR VS. SH. RAJESH MITTAL 44, KATRA SHER SINGH, AMRITSAR [PAN:AEYPM 1542B] (APPELLANT) (RESPONDENT) ITA NO.436/ASR/2019 ASSESSMENT YEAR:2011-12 INCOME TAX OFFICER (EXEMPTIONS), WARD-JALANDHAR VS. IMPROVEMENT TRUST, KHANNA G.T. ROAD, KHANNA [PAN:AAAL 10030N] (APPELLANT) (RESPONDENT) 3 ITA NO.536/ASR/2019 ASSESSMENT YEAR:2016-17 DY. CIT CIRCLE-HOSHIARPUR VS. M/S. HOSHIARPUR TRADERS NEAR LAJWANTI STADIUM, TANDA CHOWK, HOSHIARPUR [PAN:AAIFH 5571P] (APPELLANT) (RESPONDENT) ITA NO.540/ASR/2019 ASSESSMENT YEAR:2011-12 INCOME TAX OFFICER WARD-4, HOSHIAPUR VS. M/S SHIVAM ENTERPRISES GARHI GATE, HOSHIARPUR [PAN:AANFS 6665A] (APPELLANT) (RESPONDENT) APPELLANT BY: SH. CHARAN DASS ( LD. DR) RESPONDENT BY: S/SH. R.L. MEHRA (LD.CA) DATE OF HEARING: 23.08.2019 DATE OF PRONOUNCEMENT: 23.08.2019 ORDER PER BENCH: THE REVENUE DEPARTMENT HAS PREFERRED THE CAPTIONED AP PEALS AGAINST THE ORDERS IMPUGNED HEREIN PASSED BY THE LD. C IT(A) IN THE CAPTIONED MATTER U/S 250(6) OF THE ACT, 1961 (HEREINAF TER CALLED AS THE ACT). 2. AT THE OUTSET IT IS OBSERVED THAT TAX EFFECT INVOLVED IN THE APPEALS UNDER CONSIDERATION INDIVIDUALLY IS NOT MORE TH AN 50 LACS, HENCE THE INSTANT APPEALS ARE LIABLE TO BE DISMISSED AS N OT MAINTAINABLE, IN VIEW OF THE LATEST CBDT CIRCULAR NO. 17/2019, DATED 4 08.08.2019 WHEREBY THE REVENUE DEPARTMENT IS PRECLUD ED FROM FILING THE APPEALS(S) BEFORE APPELLATE TRIBUNAL AGAINST THE ORDER (S) OF CIT(A), IN WHICH THE TAX EFFECT DOES NOT EXCEED RS. 50,0 0,000/- AS SPECIFIED IN THE CIRCULAR AND THE CBDT CLARIFICATION D ATED 20 TH AUGUST 2019 WHEREBY IT IS CLARIFIED THAT REVISED MONETARY LI MITS SO MENTIONED IN THE CIRCULAR 17/2019 IS APPLICABLE TO ALL PENDING SLPS/APPEALS/CROSS OBJECTIONS/REFERENCES. 3. HOWEVER THE LIBERTY IS GRANTED TO THE REVENUE DEPAR TMENT TO SEEK RECALL OF THE ORDER, IN CASE IT REALIZE THAT THE CAPTIO NED APPEAL FALLS WITHIN THE EXCEPTION AS PRESCRIBED IN CIRCULAR NO.03/201 8 (SUPRA) AND/OR HAVING INVOLVED THE TAX EFFECT MORE THAN RS. 5 0 LACS. 4. IN THE RESULT, THE APPEALS UNDER CONSIDERATION FILED BY THE REVENUE DEPARTMENT STANDS DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT ON 23/0 8/2019. SD/- SD/- (B.R.BASKARAN) (N.K.CHOUDHRY) ACCOUNTANT MEMBER JU DICIAL MEMBER DATED: 23/08/2018 /PK/ PS. COPY FORWARDED TO: 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT 4. THEN CIT(APPEALS) 5. SR DR, I.T.A.T. AMRITSAR 6. GUARD FILE TRUE COPY BY ORDER