The Dy. Commissioner of Income Tax, Amritsar. V. Sh. Jaimal Singh, L/H. Sh. Prem Chand, Tarn Taran

ITA 82/ASR/2016

• Counselvise Citation: [2019] 111 COUNSELVISE.COM (IT) 9801 (ITAT-AMRITSAR)
• Duration Of Justice: 3 year(s) 10 month(s) 14 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: 2008-2009
• Appeal Filed On: 05-02-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• 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. 82/ASR/2 016 ASSESSMENT YEAR: 2008-09 DY. CIT CIRCLE-5, AMRITSAR VS. SH. JAIMAL SINGH L/H SH. PREM CHAND AMARKOT, THE. PATTI, DISTT. TARAN TARAN. [PAN:DABPS 8982R] (APPELLANT) (RESPONDENT) CROSS OBJECTION NO.11/ASR/2016 (ARISING OUT OF ITA NO. 82/ASR/2016) ASSESSMENT YEAR: 2008-09 SH. JAIMAL SINGH L/H SH. PREM CHAND AMARKOT, THE. PATTI, DISTT. TARAN TARAN. [PAN: DABPS 8982R] VS. DY. CIT CIRCLE-5, AMRITSAR (CROSS OBJECTOR) (RESPONDENT) APPELLANT BY: SH. CHARAN D ASS (LD. DR) RESPONDENT BY: NONE. 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 CR OSS OBJECTION ITA NO.82/ASR/2016 C.O NO. 11/ASR/16 DCIT V S. JAIMAL SINGH 2 IN CAPTIONED ABOVE APPEAL BY CHALLENGING THE ORDER(S) OF THE LD. CIT(A). 2. AT THE OUTSET IT IS OBSERVED THAT TAX EFFECT INVOLVED IN THE APPEAL UNDER CONSIDERATION IS NOT MORE THAN 50 LACS, HENCE THE I NSTANT APPEAL IS LIABLE TO BE DISMISSED AS NOT MAINTAINABLE, I N VIEW OF THE LATEST CBDT CIRCULAR NO.17/2019, DATED 08.08.2019 WHE REBY THE REVENUE DEPARTMENT IS PRECLUDED FROM FILING THE APPEA LS(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 OBJECTIONS /REFERENCES. 3. IN THE RESULT, THE APPEAL UNDER CONSIDERATION FILED BY THE REVENUE DEPARTMENT STANDS DISMISSED AS WITHDRAWN. 4. THE LIBERTY IS GRANTED TO THE REVENUE DEPARTMENT TO SEEK RECALL OF THE ORDER IN CASE, IT FOUND THAT THE CAPT IONED APPEALS FALLS WITHIN THE EXCEPTION AS PRESCRIBED IN CIRCUL AR NO.03/2018 (SUPRA) AND/OR HAVING INVOLVED THE TAX EF FECT MORE THAN RS. 50 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), THEREFORE, IN OUR CONSIDERED VIEW ON DISMISSAL OF APPEAL OF THE R EVENUE, THE CROSS OBJECTIONS FILED BY THE ASSESSES ARE ALSO LIABLE TO BE DISMISSED AS INFRUCTUOUS, HENCE, WE DISMISSED THE SAME. ITA NO.82/ASR/2016 C.O NO. 11/ASR/16 DCIT V S. JAIMAL SINGH 3 6. IN THE RESULT, THE APPEAL FILED BY THE REVENUE DEPARTMENT 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