INCOME TAX OFFICER, WARD -2(5), KATRA V. SH. KRISHAN SINGH, REASI

ITA 634/ASR/2017

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 7767 (ITAT-AMRITSAR)
• Duration Of Justice: 9 month(s) 19 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-07-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: SMC
• Next Hearing Date: 23-07-2018
• Assessment Year: 2014-2015
• Appeal Filed On: 04-10-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: A N MISHRA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AMRITSAR BENCH; AMRITSAR BEFORE SH. SANJAY ARORA, ACCOUNTANT MEMBER (SINGLE MEMBER CONSTITUTION) I.T.A. NO. 634(ASR)/2017 ASSESSMENT YEAR: 2014-15 INCOME TAX OFFICER WARD-2(5), KATRA [PAN: AVPPS 8845R ] VS. SH. KRISHAN SINGH DIDI MORH, AGHAR JITTO, REASI (APPELLANT) (RESPONDENT) APPELLANT BY : SH. A.N.MISHRA (DR) RESPONDENT BY: WRITTEN SUBMISSIONS DATE OF HEARING: 23.07.2018 DATE OF PRONOUNCEMENT: 23.07.2018 ORDER PER SANJAY ARORA, AM: THIS IS AN APPEAL BY THE REVENUE AGITATING THE ORDE R U/S. 250(6) OF THE INCOME TAX ACT, 1961 (THE ACT HEREINAFTER) DATED 29.06.2017 BY THE COMMISSIONER OF INCOME TAX (APPEALS), JAMMU (CIT(A ) FOR SHORT), ALLOWING THE ASSESSEES APPEAL CONTESTING HIS ASSESSMENT U/S. 14 3(3) OF THE ACT DATED 31.L2.2016 FOR ASSESSMENT YEAR (AY) 2014-15. 2. AT THE VERY OUTSET, IT WAS OBSERVED THAT THE ASS ESSEE HAS MOVED AN APPLICATION, BRINGING TO THE NOTICE OF THE BENCH TH AT THE DEMAND CONSEQUENT TO ASSESSMENT IS RS.13,39,637/-; REDUCING THE ADMITTED TAX LIABILITY OF RS.25,223/-, THE NET TAX DEMAND IN PURSUANCE TO ASSESSMENT IS RS.13, 14,414/-, I.E., BELOW RS.20 LACS, WHICH IS THE THRESHOLD LIMIT UNDER SECTION 26 8A OF THE ACT PER ITS LATEST ITA NO.634(ASR)/2017 (AY 2014-15) ITO V . SH. KRISHAN SINGH, REASI 2 CIRCULAR (NO. 3 OF 2018, DATED 11.07.2018) BY THE C BDT, SO THAT THE REVENUES CAPTIONED APPEAL IS NOT MAINTAINABLE THERE-UNDER. T HE COPY OF THE SAID CIRCULAR IS ALSO ENCLOSED ALONG-WITH. THE LD. DEPARTMENTAL REPR ESENTATIVE (DR), ON BEING CONFRONTED WITH THE CONTENTS OF THE ASSESSEES APPL ICATION, FAIRLY CONCEDED THERETO, ALSO CONFIRMING THE TAX-EFFECT OF THE REVENUES APP EAL AS WORKED OUT BY THE ASSESSEE. 3. IN VIEW OF FORGOING, THEREFORE, THE REVENUES AP PEAL WOULD BE COVERED BY SEC.268A OF THE ACT, IN TERMS OF WHICH AN APPELLATE AUTHORITY, INCLUDING THE APPELLATE TRIBUNAL, IS TO HAVE REGARD TO THE MONETA RY LIMITS AS MAY BE FIXED BY THE BOARD FROM TIME TO TIME FOR THE PURPOSE OF REGULATI NG THE FILING OF APPEALS BY THE REVENUE BEFORE THE APPELLATE AUTHORITIES. FURTHER, THE LIMIT AS NOW SPECIFIED SHALL, IN TERMS OF PARA 12 OF THE CIRCULAR, APPLY FOR THE APPEALS ALREADY FILED, I.E., PRIOR TO 11.07.2018, AS WELL. THE REVENUES INSTANT APPEAL I S ACCORDINGLY NOT MAINTAINABLE. 4. IN THE RESULT, THE REVENUES APPEAL IS DISMISSED AS NOT MAINTAINABLE. ORDER PRONOUNCED IN THE OPEN COURT ON JULY 23, 2018 SD/- (SANJAY ARORA) ACCOUNTANT MEMBER DATE: 23/7/2018 PK/ PS. COPY OF THE ORDER FORWARDED TO: (1) SH. KRISHAN SINGH, REASI (2) THE ITO, WARD-2(5), KATRA (3) THE CIT(A)-2, AMRITSAR (4) THE CIT/CCIT, CONCERNED (5) THE SR. DR, I.T.A.T. TRUE COPY BY ORDER