The Assisatant Commissioenr of Income-tax, Hoshiarpur V. Sh. Maninder Singh Cheema, Hoshiarpur

ITA 721/ASR/2013

• Counselvise Citation: [2019] 116 COUNSELVISE.COM (IT) 3879 (ITAT-AMRITSAR)
• Duration Of Justice: 5 year(s) 8 month(s) 13 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-08-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 23-08-2019
• Assessment Year: 2009-2010
• Appeal Filed On: 10-12-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: Y K SUD; SSH SANDEEP VIJ H; SURINDE R MAHAJAN LD CAS
• 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.566/ASR/2011 ASSESSMENT YEAR:2004-05 DY. CIT RANGE-III, JALANDHAR VS. M/S THE HIND SAMACHAR LTD. CIVIL LINES, JALANDHAR (GROUP B) M/S THE HIND SAMACHAR LTD. 2, PRINTING PRESS ENCLAVE NEAR WAZIRPUR, NEW DELHI (GROUP A) [PAN:AAACT 5137G] (APPELLANT) (RESPONDENT) ITA NO. 393/ASR/201 1 ASSESSMENT YEAR:2003-04 DY. CIT CIRCLE-III, JALANDHAR VS. M/S THE HIND SAMACHAR LTD. CIVIL LINES, JALANDHAR [PAN:AAACT 5137G] (APPELLANT) (RESPONDENT) ITA NO.721/ASR/2013 ASSESSMENT YEAR:2009-10 ASST. CIT HOSHIARPUR CIRCLE HOSHIAPUR VS. SH. MANINDER SINGH CHEEMA H. NO.298, ST. NO.20, GURU NANAK NAGAR, HOSHIARPUR [PAN:AEYPC 4778B] (APPELLANT) (RESPONDENT) APPELLANT BY: SH. CHARAN DASS ( LD. DR) RESPONDENT BY: S/SH. SANDEEP VIJ H & Y.K. SUD & SURINDE R MAHAJAN (LD. CAS.) 2 DATE OF HEARING: 23.08.2019 DATE OF PRONOUNCEMENT: 23.08.2019 ORDER PER BENCH THE REVENUE DEPARTMENT HAS PREFERRED THE CAPTIONED AP PEALS AGAINST THE ORDERS 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 APPEALS UNDER CONSIDERATION INDIVIDUALLY IS NOT MORE T HAN 50 LACS, HENCE THE INSTANT APPEALS ARE LIABLE TO BE DISMISSED AS N OT MAINTAINABLE, IN VIEW OF THE LATEST CBDT CIRCULAR NO. 17/2019, DATED 08.08.2019 WHEREBY THE REVENUE DEPARTMENT IS PRECLUD ED FROM FILING THE APPEALS(S) BEFORE APPELLATE TRIBUNAL AGAINST THE ORDER (S) OF CIT(A), IN WHICH THE TAX EFFECT DOES NOT EXCEED RS. 50,0 0,000/- AS SPECIFIED IN THE CIRCULAR AND THE CBDT CLARIFICATION D ATED 20 TH AUGUST 2019 WHEREBY IT IS CLARIFIED THAT REVISED MONETARY LI MITS SO MENTIONED IN THE CIRCULAR 17/2019 IS APPLICABLE TO ALL PENDING SLPS/APPEALS/CROSS OBJECTIONS/REFERENCES. 3. HOWEVER THE LIBERTY IS GRANTED TO THE REVENUE DEPAR TMENT TO SEEK RECALL OF THE ORDER, IN CASE IT REALIZE THAT THE CAPTIO NED APPEAL FALLS WITHIN THE EXCEPTION AS PRESCRIBED IN CIRCULAR NO.03/201 8 (SUPRA) AND/OR HAVING INVOLVED THE TAX EFFECT MORE THAN RS. 5 0 LACS. 3 4. IN THE RESULT, THE APPEALS UNDER CONSIDERATION FILED BY THE REVENUE DEPARTMENT STANDS DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT ON 23/0 8/2019. SD/- SD/- (B.R.BASKARAN) (N.K.CHOUDHRY) ACCOUNTANT MEMBER JUDIC IAL MEMBER DATED: 23/08/2018 /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