Income Tax Officer, Nakodar V. M/s The Birpind Co Operative Agri. MUltipurpose Society ltd., Jalandhar

ITA 640/ASR/2016

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 7772 (ITAT-AMRITSAR)
• Duration Of Justice: 1 year(s) 6 month(s) 28 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 18-07-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 17-07-2018
• Assessment Year: 2013-2014
• Appeal Filed On: 20-12-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: BHAWANI SHANKAR 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.640(ASR)/2016 ASSESSMENT YEAR:2013- 14 INCOME TAX OFFICER NAKODAR VS. THE BIRPIND CO-OPERATIVE AGRI. MULTIPURPOSE SOCIETY LTD., VILLAGE BIRPIND, TEHSIL NAKODAR, DISTT. JALANDHAR PAN:AABTT 2857P (APPELLANT) (RESPONDENT) CROSS OBJECTION NO.06(ASR)/2017 (ARISING OUT OF ITA NO.640(ASR)/2016) ASSESSMENT YEAR:2013-1 4 THE BIRPIND CO-OPERATIVE AGRI. MULTIPURPOSE SOCIETY LTD., VILLAGE BIRPIND, TEHSIL NAKODAR, DISTT. JALANDHAR PAN:AABTT 2857P VS. INCOME TAX OFFICER NAKODAR (CROSS OBJECTOR) (RESPONDENT) APPELLANT BY: SH. BHAWANI SHANKAR (LD. DR) RESPONDENT BY: NONE DATE OF HEARING: 17.07.2018 DATE OF PRONOUNCEMENT: 18.07.2018 ORDER PER N.K. CHOUDHRY THE INSTANT APPEAL HAS BEEN FILED BY THE REVENUE DEPA RTMENT AGAINST THE ORDER DATED 04.10.2016 PASSED BY LD. CIT( A), JALANDHAR, IN APPEAL NO.219/2015-16, WHEREAS THE ASSESSEE HAS ALSO FILED THE CROSS OBJECTIONS. 2. AT THE TIME OF HEARING, IT IS SEEN THAT THE TAX EF FECT INVOLVED IN THIS APPEAL OF THE REVENUE DEPARTMENT IS LESS THAN RS.2 0 LACS. THE ITA NO.640(ASR)/2016 (A.Y.2013-14) C. O. NO.06(ASR) /2017 ITO VS. THE BIRPIND CO-OPERATIVE AGRI. JALANDHA R 2 PRESENT APPEAL FILED BY THE REVENUE DEPARTMENT IS LIA BLE TO BE DISMISSED, AS THE SAME IS NOT MAINTAINABLE, IN VIEW OF T HE LATEST CBDT INSTRUCTION NO.03 OF 2018, DATED 11.07.2018. 3. THE LD. DR ALSO AGREED THAT THE TAX EFFECT IN THIS A PPEAL IS LESS THAN RS.20 LACS. HENCE, AS PER CBDT INSTRUCTION NO.03 OF 20 18, DATED 11 TH JULY, 2018, WHICH IS BINDING ON THE DEPARTMENT, THE DEPARTMENT IS PRECLUDED FROM FILING THE PRESENT APPEAL, AS THIS IN STRUCTION IS APPLICABLE RETROSPECTIVELY. THEREFORE, THE AFORESAID AP PEAL CAN NOT SURVIVE ANY LONGER. ACCORDINGLY, THE APPEAL FILED BY T HE REVENUE DEPARTMENT IS DISMISSED AS NOT MAINTAINABLE. 4. THE REVENUES APPEAL HAS BEEN DISMISSED, AS SUCH THE CROSS OBJECTIONS FILED BY THE ASSESSEE DOES NOT SURVIVE AND HENCE THIS IS ALSO DISMISSED. 5. IN VIEW OF THE ABOVE, THE APPEAL FILED BY THE REVEN UE DEPARTMENT AS WELL AS CROSS OBJECTION FILED BY THE ASSESSEE ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 18. 07.2018. SD/- SD/- (SANJAY ARORA) (N.K.CHOUDHRY) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED:18.07.2018 /PK/ PS. COPY OF THE ORDER FORWARDED TO: (1) THE BIRPIND CO-OPERATIVE AGRI. MULTIPURPOSE SOCIETY LTD., JALANDHAR (2) THE ITO, NAKODAR (3) THE CIT(A), JALANDHAR (4) THE CIT CONCERNED (5) THE SR DR, I.T.A.T., AMRITSAR TRUE COPY BY ORDER