The Income Tax Office, Srinagar V. Sh Abdul Rashid Bhat, Srinagar

ITSSA 5/ASR/2014

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 1111 (ITAT-AMRITSAR)
• Duration Of Justice: 4 year(s) 2 month(s) 23 day(s)
• Appeal Type: Income Tax (Search & Seizure) Appeal
• Pronouncement Date: 11-09-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 11-09-2018
• Assessment Year: misc
• Appeal Filed On: 18-06-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: PAWAN K KUMAR LD
• Assessee Lawyers: MALIK MUKHTAR AHMAD LD
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AMRITSAR BENCH, AMRITSAR BEFORE SH. SANJAY ARORA, ACCOUNTANT MEMBER AND SH. N.K.CHOUDHRY, JUDICIAL MEMBER IT(SS)A NO.05(ASR)/2014 BLOCK PERIOD:01.04.1997 TO 11.05.2003 ASST. CIT, CIRCLE, SRINAGAR VS. SH. ABDUL RASHID BHAT S/O SH. ABDUL REHMAN BHAT MEDIA ENCLAVE, LAMBERT LANE, THE BUND, SRINAGAR PAN: (APPELLANT) (RESPONDENT) APPELLANT BY: SH. PAWAN K K UMAR (LD. DR) RESPONDENT BY: SH. MALIK MUKHTAR AHMAD (LD. ADV .) DATE OF HEARING: 11.09.2018 DATE OF PRONOUNCEMENT: 11.09.2018 ORDER PER N.K. CHOUDHRY THE INSTANT APPEAL HAS BEEN FILED BY THE REVENUE DEPA RTMENT, ON FEELING AGGRIEVED AGAINST THE ORDER DATED 27.03.201 4 PASSED BY THE LD. CIT(A)-JAMMU U/S 250(6) OF THE I.T. ACT, 1961 (HEREIN AFTER CALLED AS THE ACT). 2. AT THE TIME OF HEARING, IT IS SEEN THAT THE TAX EFF ECT INVOLVED IN THIS APPEAL OF THE REVENUE DEPARTMENT IS LESS THAN RS.20 LACS, HENCE, THE PRESENT APPEAL FILED BY THE REVENUE DEPARTMENT IS LIA BLE TO BE DISMISSED, AS THE SAME IS NOT MAINTAINABLE, IN VIEW OF THE LATEST C BDT INSTRUCTION NO.03 OF 2018, DATED 11.07.2018. IT(SS) NO.05(ASR)/2014 BLOCK PERI OD: 01.04.1997 TO 11.05.2003 ASST. CIT V. ABDUL RASHID BHAT, SRINAGAR 2 3. THE LD. DR ALSO AGREED THAT THE TAX EFFECT IN THIS AP PEAL IS LESS THAN RS.20 LACS. HENCE, AS PER CBDT INSTRUCTION NO. 03 OF 2018, DATED 11 TH JULY, 2018, WHICH IS BINDING ON THE DEPARTMENT, THE DEPART MENT IS PRECLUDED FROM FILING THE PRESENT APPEAL, AS THIS INSTRUCTION IS A PPLICABLE RETROSPECTIVELY. THEREFORE, THE AFORESAID APPEAL CAN NO T SURVIVE ANY LONGER. ACCORDINGLY, THE APPEAL FILED BY THE REVENUE DEPARTME NT IS DISMISSED AS NOT MAINTAINABLE. 4. IN THE RESULT, THE APPEAL FILED BY THE REVENUE DEPA RTMENT IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 11.0 9.2018. SD/- SD/- (SANJAY ARORA) (N.K.CHOUDHRY) ACCOUNTANT MEMBER JU DICIAL MEMBER DATED:11.09.2018 /PK/ PS. COPY OF THE ORDER FORWARDED TO: (1) SH. ABDUL RASHID BHAT, S/O SH. ABDUL REHMAN BHA T MEDIA ENCLAVE, LAMBERT LANE, THE BUND, SRINAGAR (2) THE ASST. CIT, CIRCLE SRINAGAR (3) THE CIT(A)-JAMMU (4) THE CIT CONCERNED (5) THE SR DR, I.T.A.T., AMRITSAR TRUE COPY BY ORDER