A.C.I.T., CIRCLE -3, SRINAGAR V. M/S KHYBER INDUSTRIES PVT . LTD, SRINAGAR

ITA 611/ASR/2017

• Counselvise Citation: [2019] 116 COUNSELVISE.COM (IT) 2348 (ITAT-AMRITSAR)
• Duration Of Justice: 1 year(s) 11 month(s) 9 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 04-09-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 29-08-2019
• Assessment Year: 2013-2014
• Appeal Filed On: 25-09-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: AMAR PAL ME ENA LD
• Assessee Lawyers: P K MISRA LD
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUN AL AMRITSAR BENCH, AMRITSAR BEFORE SH. B.R. BASKARAN, ACCOUNTANT MEMBER AN D SH. N.K.CHOUDHRY, JUDICIAL MEMBER [ ITA NO.611(ASR)/2017 ASSESSMENT YEAR:2013-14 ASST. CIT, CIRCLE-3, SRINAGAR VS. M/S KHYBER INDUSTRIES PVT. LTD. KHAYAM BUILDING NOWPORA SRINAGAR [PAN:AAACK 7457J ] (APPELLANT) (RESPONDENT) APPELLANT BY : SH. AMAR P AL MEENA (LD. DR) RESPONDENT BY: SH. P. K. MISRA (LD. CA ) DATE OF HEARING: 29.08.2019 DATE OF PRONOUNCEMENT: 04.09.2019 ORDER PER N.K.CHOUDHRY, JM: THE REVENUE DEPARTMENT HAS PREFERRED THE CAPTIONED AP PEAL AGAINST THE ORDER 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 APPEAL UNDER CONSIDERATION INDIVIDUALLY IS NOT MORE THAN 50 L ACS, HENCE THE INSTANT APPEAL IS LIABLE TO BE DISMISSED AS NOT MAINTAIN ABLE, IN VIEW OF THE LATEST CBDT CIRCULAR NO.17/2019, DATED 08.08.2019 WHEREBY THE REVENUE DEPARTMENT IS PRECLUDED FROM FILING THE APPEA L (S) BEFORE APPELLATE TRIBUNAL AGAINST THE ORDER (S) OF CIT(A), IN WHICH THE TAX EFFECT DOES NOT EXCEED RS. 50,00,000/- AS SPECIFIED IN THE CIRCULAR AND ITA N0.611/AST/ 2017 (A. Y: 2013-14) ACIT VS. KHYBER INDUSTRIES PVT. LTD. SRINAGAR 2 THE CBDT CLARIFICATION DATED 20 TH AUGUST 2019 WHEREBY IT IS CLARIFIED THAT REVISED MONETARY LIMITS SO MENTIONED IN THE CIRCULA R 17/2019 IS APPLICABLE TO ALL PENDING SLPS/APPEALS/CROSS OBJECTIONS /REFERENCES. 3. HOWEVER THE LIBERTY IS GRANTED TO THE REVENUE DEPA RTMENT TO SEEK RECALL OF THE ORDER, IN CASE IT REALIZE THAT THE CA PTIONED APPEAL FALLS WITHIN THE EXCEPTION AS PRESCRIBED IN CIRCULAR NO.0 3/2018 (SUPRA) AND/OR HAVING INVOLVED THE TAX EFFECT MORE THAN RS. 5 0 LACS. 4. IN THE RESULT, THE APPEAL FILED BY THE REVENUE DEPA RTMENT STANDS DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT ON 04/0 9/2019. SD/- SD/- (B.R.BASKARAN) (N.K.CHOUDHRY) ACCOUNTANT MEMBER JU DICIAL MEMBER DATED:04/09/2019. /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