The Income Tax Officer, Katra. V. M/s Tridev Hotels Pvt. Ltd, Katra.

ITA 631/ASR/2016

• Counselvise Citation: [2018] 119 COUNSELVISE.COM (IT) 4106 (ITAT-AMRITSAR)
• Duration Of Justice: 1 year(s) 10 month(s) 16 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 29-10-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 29-10-2018
• Assessment Year: 2010-2011
• Appeal Filed On: 13-12-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: P N ARORA LD
• 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.631(ASR)/2016 ASSESSMENT YEAR:2010-11 INCOME TAX OFFICER, WARD-2(5), KATRA VS. M/S TRIDEV HOTELS PVT. LTD., NEAR BUS STAND, KATRA [PAN:AAACT 5880G] (APPELLANT) (RESPONDENT) CROSS OBJECTION NO.12( ASR)/2017 (ARISING OUT OF ITA NO.6 31(ASR)/2016) ASSESSMENT YEAR:2010-11 M/S TRIDEV HOTELS PVT. LTD., NEAR BUS STAND, KATRA [PAN:AAACT 5880G] VS. DY. CIT, CIRCLE-2, JAMMU (CROSS OBJECTOR) (RESPONDENT) APPELLANT BY: SH. CHARAN DA SS (LD. D.R) RESPONDENT BY: SH. P.N.ARORA ( LD. ADV.) DATE OF HEARING: 29.10.2018 DATE OF PRONOUNCEMENT: 29 .10.2018 ORDER PER N.K. CHOUDHRY THE INSTANT APPEAL HAS BEEN FILED BY THE REVENUE DEPA RTMENT, ON FEELING AGGRIEVED AGAINST THE ORDER DATED 23.06.201 6 PASSED BY THE LD. CIT(A)-JAMMU, U/S 250(6) OF THE I.T. ACT, 1961 (HERE INAFTER CALLED AS THE ACT), WHEREIN THE ASSESSEE HAS ALSO FILED THE CROSS OBJECTIO N. ITA NO.631(ASR)/2016 (A.Y.2010-11) C.O. NO.12(ASR)/2017 ITO V. M/S. TRIDEV HOTELS PVT. LTD. , KATRA 2 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. 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. SINCE, WE HAVE DISMISSED THE APPEAL OF THE REVENUE AS NOT MAINTAINABLE, THEREFORE, THE CROSS OBJECTION FILED BY THE ASSESSEE HAS BECOME INFRUCTOUS AND THEREFORE, SAME IS ALSO DISMISSED . 5. IN THE RESULT, THE APPEAL FILED BY THE REVENUE DEPA RTMENT AS WELL AS CROSS OBJECTIONS FILED BY THE ASSESSEE ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 29. 10.2018. SD/- SD/- (SANJAY ARORA) (N.K.CHOUDHRY) ACCOUNTANT MEMBER JU DICIAL MEMBER DATED: 29.10.2018 /PK/ PS. COPY OF THE ORDER FORWARDED TO: (1) M/S TRIDEV HOTELS PVT. LTD., NEAR BUS STAND, K ATRA (2) INCOME TAX OFFICER, WARD-2(5), KATRA (3) THE CIT(A), JAMMU (4) THE CIT CONCERNED (5) THE SR DR, I.T.A.T., AMRITSAR TRUE COPY BY ORDER