The Asstt. Commissioner of Income-tax, Srinagar V. Sh. Arun Kumar Seth, Srinagar

ITA 80/ASR/2014

• Counselvise Citation: [2018] 119 COUNSELVISE.COM (IT) 4108 (ITAT-AMRITSAR)
• Duration Of Justice: 4 year(s) 8 month(s) 18 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 29-10-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 29-10-2018
• Assessment Year: 2010-2011
• Appeal Filed On: 10-02-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: PRABHJOT KAUR
• Keywords: Tax effect
• Section: 143(3)

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. 80/(ASR)/2014 ASSESS MENT YEAR: 2010-11 ASST. COMMISSIONER OF INCOME TAX, CIRCLE, SRINAGAR VS. ARUN KUMAR SETH, PROP. SETH SALES CORPORATION MAHARAJA BAZAR, SRINAGAR [PAN: AJBPS 4215K] (APPELLANT) (RESPONDENT) APPELLANT BY : SMT. PRABHJOT KAUR, CIT- D.R. RESPONDENT BY: SH. TARUN BANSAL, ADV. DATE OF HEARING: 29.10.2018 DATE OF PRONOUNCEMENT: 29.10.2018 ORDER PER SANJAY ARORA, AM: THIS IS AN APPEAL BY THE REVENUE ARISING OUT OF THE ORDER BY THE COMMISSIONER OF INCOME TAX (APPEALS), JAMMU (CIT(A ) FOR SHORT) DATED 29.11.2013, PARTLY ALLOWING THE ASSESSEES APPEAL C ONTESTING HIS ASSESSMENT UNDER SECTION 143(3) OF THE INCOME TAX ACT, 1961 ('THE AC T' HEREINAFTER) DATED 11.03.2013 FOR THE ASSESSMENT YEAR (AY) 2010-11. 2. AT THE OUTSET, IT WAS OBSERVED BY THE BENCH THAT THE ASSESSEE HAS, THROUGH HIS COUNSEL, MOVED AN APPLICATION CLAIMING THAT THE TA X EFFECT OF THE INSTANT APPEAL IS BELOW RS. 20 LACS, I.E., THE THRESHOLD MONETARY LIM IT APPLICABLE FOR THE REVENUES APPEALS BEFORE THE TRIBUNAL U/S. 268A OF THE ACT AS PER THE LATEST INSTRUCTION, I.E., ITA NO. 80/ASR/2014 (AY 2010-11) ASST. CIT V. ARUN KUMAR SETH 2 NO. 3 OF 2018, DATED 11.07.2018, BY THE CBDT, SO TH AT IT IS NOT MAINTAINABLE. WITH REFERENCE TO THE GROUNDS OF APPEAL ASSUMED BEFORE U S AS WELL AS THE ASSESSMENT ORDER, IT WAS CONFIRMED BY THE BENCH THAT THE TAX EFFECT IS BELOW RS. 20 LACS INASMUCH AS THE DISALLOWANCES UNDER CHALLENGE AGGRE GATE TO RS. 39.97 LACS. 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 MONETA RY LIMITS FOR THE PURPOSE OF REGULATING THE FILING OF APPEALS BY THE REVENUE BEF ORE THE DIFFERENT APPELLATE AUTHORITIES, AND WHICH SHALL, WHILE DECIDING THOSE APPEALS, HAVE REGARD TO THE SAID LIMITS. THE MONETARY LIMIT FIXED PER THE LATEST INS TRUCTION SUPRA 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 C ITED SUPRA, WHICH IS TO APPLY FOR PENDING APPEALS AS WELL, IS NOT MAINTAINABLE. THE R EVENUES 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 OCTOBER 29, 2 018 SD/- SD/- (N. K. CHOUDHRY) (SANJAY ARORA) JUDICIAL MEMBER ACCOUNTANT MEMBER DATE: 29.10.2018 /GP/SR. PS. COPY OF THE ORDER FORWARDED TO: (1) THE APPELLANT: ASST. COMMISSIONER OF INCOME TAX, CIRCLE, SRINAGAR (2) THE RESPONDENT: ARUN KUMAR SETH, PROP. SETH SALES CORPORATION MAHARAJA BAZAR, SRINAGAR (3) THE CIT(APPEALS), JAMMU (4) THE CIT CONCERNED TRUE COPY (5) THE SR. DR, I.T.A.T. BY ORDER