The Income Tax Officer, Bathinda V. Sh. Surinder Kumar Bansal (HUF), Bathinda

ITA 657/ASR/2015

• Counselvise Citation: [2019] 111 COUNSELVISE.COM (IT) 9798 (ITAT-AMRITSAR)
• Duration Of Justice: 3 year(s) 11 month(s) 28 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 19-12-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 19-12-2019
• Assessment Year: 2009-2010
• Appeal Filed On: 22-12-2015
• 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. N.K.CHOUDHRY, JUDICIAL MEMBER AND SH. O.P.MEENA, ACCOUNTANT MEMBER ITA NO. 657/ASR/2 015 ASSESSMENT YEAR: 2009-10 INCOME TAX OFFICER WARD-II(I), BATHINDA VS. SURINDER KUMAR BANSAL, HUF C/O KANHYA LAL GANGA RAM, SADAR BAZAR, BATHINDA. [PAN:AAHHS 4442P] (APPELLANT) (RESPONDENT) CROSS OBJECTION NO.05/ASR/2016 (ARISING OUT OF ITA NO. 657/ASR/2015) ASSESSMENT YEAR: 2009-10 SURINDER KUMAR BANSAL, HUF C/O KANHYA LAL GANGA RAM, SADAR BAZAR, BATHINDA. [PAN:AAHHS 4442P] VS. INCOME TAX OFFICER WARD-II(I), BATHINDA (CROSS OBJECTOR) (RESPONDENT) APPELLANT BY: SH. CHARAN D ASS (LD. DR) RESPONDENT BY: SH. P.N. ARORA (LD. ADV.) DATE OF HEARING: 19.12.2019 DATE OF PRONOUNCEMENT: 19.12.2019 ORDER PER N.K.CHOUDHRY,JM: THE REVENUE DEPARTMENT HAS PREFERRED THE INSTANT APPE AL 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) WHEREIN THE ASSESSEE HAS ALSO PREFERRED THE CROSS OB JECTION IN CAPTIONED ABOVE APPEAL BY CHALLENGING THE ORDER(S) OF THE LD. CIT(A). ITA NO.657/ASR/2017 C.O NO. 05/ASR/16 ITO VS. SURINDER KUMAR BANSAL, HUF 2 2. AT THE OUTSET IT IS OBSERVED THAT TAX EFFECT INVOLVE D IN THE APPEAL UNDER CONSIDERATION IS NOT MORE THAN 50 LACS, H ENCE THE INSTANT APPEAL IS LIABLE TO BE DISMISSED AS NOT MAINTAINA BLE, IN VIEW OF THE LATEST CBDT CIRCULAR NO.17/2019, DATED 08.08.2019 W HEREBY THE REVENUE DEPARTMENT IS PRECLUDED FROM FILING THE APP EALS(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 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 OBJECT IONS/REFERENCES . 3. IN THE RESULT, THE APPEAL UNDER CONSIDERATION FIL ED BY THE REVENUE DEPARTMENT STANDS DISMISSED AS WITHDRAWN. 4. HOWEVER THE LIBERTY IS GRANTED TO THE REVENUE DE PARTMENT TO SEEK RECALL OF THE ORDER IN CASE, IT FOUND THAT THE CAPT IONED APPEALS 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. CROSS OBJECTIONS 5. WE REALIZE THAT GROUNDS TAKEN IN CROSS OBJECTIONS ARE MORE OR LESS IN SUPPORT OF THE ORDER(S) OF LD. CIT(A), THER EFORE, IN OUR CONSIDERED VIEW ON DISMISSAL OF APPEAL OF THE REVENUE, THE CROSS OBJECTIONS FILED BY THE ASSESSES ARE ALSO LIABLE TO BE DISMI SSED AS INFRUCTUOUS, HENCE, WE DISMISSED THE SAME. ITA NO.657/ASR/2017 C.O NO. 05/ASR/16 ITO VS. SURINDER KUMAR BANSAL, HUF 3 6. IN THE RESULT, THE APPEAL FILED BY THE REVENUE D EPARTMENT STANDS DISMISSED AS WITHDRAWN AND C.O FILED BY THE ASSESSEE ALSO DISMISSED AS INFRUCTUOUS. ORDER PRONOUNCED IN THE OPEN COURT ON 19/1 2/2019. SD/- SD/- (O.P.MEENA) (N.K.CHOUDHRY) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 19/12/2019. /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