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Income Tax Appellate Tribunal, AMRITSAR BENCH, AMRITSAR
Before: SH. N.K.CHOUDHRY & SH. O.P.MEENA
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. 657/Asr/2015 Assessment Year: 2009-10
Income Tax Officer Vs. Surinder Kumar Bansal, HUF Ward-II(I), Bathinda C/o Kanhya Lal Ganga Ram, Sadar Bazar, Bathinda. [PAN:AAHHS 4442P] (Appellant) (Respondent)
Cross Objection No.05/Asr/2016 (Arising out of ITA No. 657/Asr/2015) Assessment Year: 2009-10
Surinder Kumar Bansal, HUF Vs. Income Tax Officer C/o Kanhya Lal Ganga Ram, Ward-II(I), Bathinda Sadar Bazar, Bathinda.
[PAN:AAHHS 4442P] (Cross Objector) (Respondent)
Appellant by: Sh. Charan Dass (Ld. DR) Respondent by: Sh. P.N. Arora (Ld. Adv.) 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 appeal against the order impugned herein passed by the Ld. CIT(A) in the captioned matter u/s 250(6) of the Act, 1961 (hereinafter called as the ‘Act’) wherein the Assessee has also preferred the Cross Objection in captioned above appeal by challenging the order(s) of the Ld. CIT(A).
ITA No.657/Asr/2017 2 C.O No. 05/Asr/16 ITO vs. Surinder Kumar Bansal, HUF
At the outset it is observed that tax effect involved in the appeal under consideration is not more than 50 lacs, hence the instant appeal is liable to be dismissed as not maintainable, in view of the latest CBDT Circular No.17/2019, dated 08.08.2019 whereby the Revenue Department is precluded from filing the appeals(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 20th August 2019 whereby it is clarified that revised monetary limits so mentioned in the circular 17/2019 is applicable to all pending SLPs/Appeals/Cross Objections/References.
In the result, the appeal under consideration filed by the Revenue Department stands dismissed as withdrawn.
However the liberty is granted to the Revenue Department to seek recall of the order in case, it found that the captioned appeals falls within the exception as prescribed in Circular No.03/2018 (supra) and/or having involved the tax effect more than Rs. 50 lacs.
Cross Objections
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 Revenue, the Cross Objections filed by the assesses are also liable to be dismissed as infructuous, hence, we dismissed the same.
ITA No.657/Asr/2017 3 C.O No. 05/Asr/16 ITO vs. Surinder Kumar Bansal, HUF
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 19/12/2019.
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