The Income Tax Officer (TDS), Srinagar V. M/s Trans Asia Industries Exposition (P) Ltd, Srinagar

ITA 754/ASR/2014

• Counselvise Citation: [2019] 118 COUNSELVISE.COM (IT) 0783 (ITAT-AMRITSAR)
• Duration Of Justice: 4 year(s) 3 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 26-03-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2011-2012
• Appeal Filed On: 15-12-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect; TDS

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AMRITSAR BENCH, AMRITSAR. BEFORE SH. SANJAY ARORA, ACCOUNTANT MEMBER AND SH. N. K. CHOUDHRY, JUDICIAL MEMBER I.T.A. NO. 754/ASR/2014 AS SESSMENT YEAR: 2011-12 INCOME TAX OFFICER, (TDS), SRINAGAR VS. TRANS ASIAN INDUSTRIES EXPOSITION (P) LTD., NISHAT, SRINAGAR [PAN: AMRTI 0683B] (APPELLANT) (RESPONDENT) APPELLANT BY : SH. CHARAN DASS (D.R. ) RESPONDENT BY: NONE DATE OF HEARING: 26.03.2019 DATE OF PRONOUNCEMENT: 26.03.201 9 ORDER PER SANJAY ARORA, AM: THIS IS AN APPEAL BY THE REVENUE DIRECTED AGAINST T HE ORDER BY THE COMMISSIONER OF INCOME TAX (APPEALS), JAMMU (CIT(A )' FOR SHORT) DATED 30.09.2014, PARTLY ALLOWING THE ASSESSEES APPEAL C ONTESTING ITS ASSESSMENT UNDER SECTION 201/201(1A) OF THE INCOME TAX ACT, 1961 ('T HE ACT' HEREINAFTER) FOR THE ASSESSMENT YEAR (AY) 2011-12 VIDE ORDER DATED 20.3. 2014. 2. NONE APPEARED FOR THE ASSESSEE-RESPONDENT WHEN T HE APPEAL WAS CALLED OUT FOR HEARING, AND NEITHER IS THERE ANY ADJOURNMENT MOTIO N ON RECORD, EVEN AS THERE IS PROPER SERVICE INASMUCH AS THE NOTICE OF HEARING, S ENT PER REGISTERED POST, HAS NOT COME BACK UNSERVED. ADVERTING TO THE LETTER DATED 2 4/1/2019 BY THE JT. CIT(TDS), LUDHIANA, ADDRESSED TO HIM IN THE MATTER, SIGNIFYIN G THE APPROVAL FOR THE WITHDRAWAL ITA NO. 754/ASR/2014 (AY 2011-12) ITO V. TRANS ASIAN INDUSTRIES EXPOSITION P. LTD. 2 OF THE INSTANT APPEAL BY CIT(TDS)-1, CHANDIGARH (C OPY ON RECORD), IT WAS SUBMITTED BY THE LD. DEPARTMENTAL REPRESENTATIVE (DR), SH. CH ARAN DASS, THAT THE TAX EFFECT OF THE INSTANT APPEAL IS BELOW RS. 20 LACS, SO THAT TH E SAME IS NOT MAINTAINABLE U/S. 268A OF THE ACT READ WITH THE LATEST INSTRUCTION, I.E., NO. 3 OF 2018, DATED 11.07.2018, BY THE CBDT, PRESCRIBING THE THRESHOLD MONETARY LIMIT APPL ICABLE FOR THE REVENUES APPEALS BEFORE THE TRIBUNAL U/S. 268A OF THE ACT AT RS. 20 LACS. THE QUANTUM OF THE TAX EFFECT BEING LOWER THAN RS. 20 LACS STANDS CONFIRMED FROM THE GROUNDS OF APPEAL RAISED BEFORE THE FIRST APPELLATE AUTHORITY; THE TOTAL DEM AND RAISED IN ASSESSMENT ITSELF BEING AT RS. 13,43,341. 3. SECTION 268A OF THE ACT PROVIDES THAT AN APPELLA TE AUTHORITY, INCLUDING THE APPELLATE TRIBUNAL, SHALL HAVE REGARD TO THE INSTRU CTIONS, DIRECTIONS, ORDERS, ETC. ISSUED BY THE BOARD FROM TIME TO TIME FIXING MONETARY LIMI TS FOR THE PURPOSE OF REGULATING THE FILING OF APPEALS BY THE REVENUE BEFORE THE DIF FERENT APPELLATE AUTHORITIES, AND WHICH SHALL, WHILE DECIDING THOSE APPEALS, HAVE REG ARD TO THE SAID LIMITS. THE MONETARY LIMIT FIXED PER THE LATEST INSTRUCTION SUP RA FOR THE APPEALS BEFORE THE TRIBUNAL IS RS. 20 LACS. 4. UNDER THE CIRCUMSTANCES, THEREFORE, THE INSTANT APPEAL, BEING COVERED BY SECTION 268A READ WITH THE APPLICABLE INSTRUCTION CITED SUP RA, WHICH IS TO APPLY FOR PENDING APPEALS AS WELL, IS NOT MAINTAINABLE. THE REVENUES APPEAL IS ACCORDINGLY DISMISSED IN LIMINE AS NOT MAINTAINABLE. WE DECIDE ACCORDINGLY. 5. IN THE RESULT, THE REVENUES APPEAL IS DISMISSED IN LIMINE . ORDER PRONOUNCED IN THE OPEN COURT ON MARCH 26, 201 9 SD/- SD/- (N. K. CHOUDHRY) (SANJAY ARORA) JUDICIAL MEMBER ACCOUNTANT MEMBER DATE: 26.03.2019 ITA NO. 754/ASR/2014 (AY 2011-12) ITO V. TRANS ASIAN INDUSTRIES EXPOSITION P. LTD. 3 /GP/SR. PS. COPY OF THE ORDER FORWARDED TO: (1) THE APPELLANT: INCOME TAX OFFICER, (TDS), S RINAGAR (2) THE RESPONDENT: TRANS ASIAN INDUSTRIES EXPO SITION (P) LTD., NISHAT, SRINAGAR (3) THE CIT(APPEALS), JAMMU (4) THE CIT CONCERNED (5) THE SR. DR, I.T.A.T. TRUE COPY BY OR DER