Income-tax Officer, ward 5 (4), Amritsar. V. M/s. Shiv Om Prints, Amritsar.

MA 29/ASR/2018

• Counselvise Citation: [2019] 116 COUNSELVISE.COM (IT) 4186 (ITAT-AMRITSAR)
• Duration Of Justice: 9 month(s) 9 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 23-08-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 23-08-2019
• Assessment Year: 2004-2005
• Appeal Filed On: 13-11-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: PADAM BAHL LD
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRI BUNAL AMRITSAR BENCH, AMRITS AR BEFORE SH. B.R. BASKARAN, ACCOUNTANT MEMBER AN D SH. N.K.CHOUDHRY, JUDICIAL MEMBER M.A NO.29(ASR)/2018 (ARISING OUT OF I.T.A NO.122(ASR)/2015) ASSESSMENT YEAR:2004-05 INCOME TAX OFFICER, WARD-5(4), AMRITSAR VS. M/S. SHIV OM PRINTS AJNALA ROAD, AMRITSAR [PAN:AAJFS 5133K] (APPELLANT) (RESPONDENT) APPELLANT BY: SH. CHARAN DASS (LD. DR) RESPONDENT BY: SH. PADAM BAHL (LD. CA) DATE OF HEARING: 23.08.2019 DATE OF PRONOUNCEMENT: 23.08.2019 ORDER PER N.K.CHOUDHRY, JM: THE REVENUE DEPARTMENT HAS PREFERRED THIS MISCELLANEOUS APPLICATION FOR RECTIFICATION OF THE ORDER DATED 15.10 .2018 PASSED BY THE CO-ORDINATE BENCH, AMRITSAR IN ITA NO.122/ASR/2 015, WHEREBY THE APPEAL OF THE REVENUE DEPARTMENT WAS DIS MISSED BECAUSE OF THE TAX EFFECT INVOLVED WAS NOT MORE THAN 2 0 LACS IN APPEAL, IN VIEW OF THE CBDT INSTRUCTION NO.03/2018 DA TED 11.07.2018. 2. IT IS THE CASE OF THE REVENUE DEPARTMENT THAT THERE I S COMBINED ORDER OF THE LD. CIT(A)-2 IN THIS CASE FOR THR EE ASST. YEARS I.E. 2001-02, 2003-04 & 2004-05 AND TAX EFFECT FOR THE ASST. YEAR:2003-04 IS MORE THAN 20 LACS AND IN VIEW OF P ARA NO.5 OF CBDT CIRCULAR (SUPRA) APPEAL FOR ALL THE YEA RS TO BE MA N0.29/ASR/ 2018 (A.Y.2004-05) (ARISING OUT OF ITA NO.122/AS R/15) ITO VS. SHIV OM PRINT S 2 MAINTAINED IRRESPECTIVE OF TAX EFFECT FOR THE ASSESSMENT Y EAR 2001-02 AND 2004-05, THEREFORE, THE MISTAKE IS APPARE NT FROM THE ORDER OF THE HONBLE ITAT, AMRITSAR WHICH NEEDS TO BE RECTIFIED. 2.1 AS PER LATEST CBDT CIRCULAR NO.17/2019, DATED 08.08.2019, THE CBDT HAS CLARIFIED THAT INDIVIDUAL ASSE SSMENT YEAR HAS TO BE SEEN FOR CONSIDERING THE TAX EFFECT IN TH E MATTER AND FURTHER VIDE CLARIFICATION DATED 20.08.2018 CLARIF IED THAT THE EFFECT OF THE LATEST CBDT CIRCULAR ( SUPRA ) SHALL BE APPLICABLE TO ALL THE PENDING APPEALS AS WELL. HENCE, CONSIDERING THE F ACTS, IN ITA NO.122/ASR/2015 THE CHALLENGE WAS TO THE ORDER OF THE LD. CIT(A) RELEVANT TO THE ASST. YEAR 2004-05 ONLY AND SEP ARATELY IF THE TAX EFFECT IS CONSIDERED THEN CERTAINLY IT IS NOT MOR E THAN 20 LACS AND THIS FACT IS NOT DISPUTED BY THE LD. DR. HENCE, THE MISC. APPLICATION FILED BY THE REVENUE DEPARTMENT IS LIABLE TO BE DISMISSED. 3. IN THE RESULT, THE MISCELLANEOUS APPLICATION FILED BY THE REVENUE DEPARTMENT STANDS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 23/0 8/2019. SD/- SD/- (B.R.BASKARAN) (N.K.CHOUDHRY) ACCOUNTANT MEMBER JUD ICIAL MEMBER DATED:23/08/2019. /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