THE ASSTT. COMMISSIONER OF INCOME-TAX, AMRITSAR. vs. M/S. BISHAN STEEL INDUSTRIES, AMRITSAR.

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ITA 591/ASR/2014Status: DisposedITAT Amritsar18 January 2019AY 2009-102 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal held that the appeal was not maintainable as it fell below the monetary limit prescribed by Section 268A of the Income Tax Act and the relevant CBDT instructions. Therefore, the appeal was dismissed in limine.

What were the facts?

The Revenue appealed an order of the CIT(A) which partly allowed the assessee's appeal against an assessment order. The assessee argued that the tax effect of the appeal was below the monetary limit set by the CBDT for appeals before the Tribunal.

What were the issues?

Whether the Revenue's appeal before the Income Tax Appellate Tribunal is maintainable considering the monetary limit prescribed by Section 268A of the Income Tax Act and CBDT instructions.

Which sections of the Income-tax Act were involved?

Section 268A,Section 143(3),Section 147

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, AMRITSAR BENCH, AMRITSAR.

Before: SH. SANJAY ARORA & SH. N. K. CHOUDHRY

Hearing: 17.01.2019Pronounced: 21.01.2019

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. 591/Asr/2014 Assessment Year: 2009-10

Assistant Commissioner of vs. Bishan Steel Industries, Top Floor, Income Tax, Amritsar Bishan House, Kamla Market, Karmon Deori, Amritsar [PAN: AAAFB 9250F] (Appellant) (Respondent)

Appellant by : Sh. Charan Dass (D.R.) Respondent by: Sh. Tarun Bansal Date of Hearing: 17.01.2019 Date of Pronouncement: 21.01.2019 ORDER Per Sanjay Arora, AM: This is an Appeal by the Revenue directed against the Order by the Commissioner of Income Tax (Appeals), Amritsar (‘CIT(A)' for short) dated 13.08.2014, partly allowing the assessee’s appeal contesting its’ assessment u/s. 143(3) r/w s. 147 of the Income Tax Act, 1961 ('the Act' hereinafter) dated 28.03.2014 for the Assessment Year (AY) 2009-10.

2.

At the outset, it was submitted by the ld. counsel for the assessee, Sh. Bansal, that the tax effect of the instant appeal is below Rs. 20 lacs, i.e., the threshold monetary limit applicable for the Revenue’s appeals before the Tribunal u/s. 268A of the Act as per the latest instruction, i.e., No. 3 of 2018, dated 11.07.2018, by the CBDT, so that it is not maintainable. With reference to the grounds of appeal assumed

2 ITA No.591/Asr/2014 (AY 2009-10) Asst. CIT v. Bishan Steel Industries before us and the relief allowed in appeal, he would, furnishing a calculation sheet, claim that the addition disputed by the Revenue being for Rs. 43.69 lacs; the total additions made in assessment itself being for Rs. 44.68 lacs only.

3.

Section 268A of the Act provides that an appellate authority, including the Appellate Tribunal, shall have regard to the instructions, directions, orders, etc. issued by the Board from time to time fixing monetary limits for the purpose of regulating the filing of appeals by the Revenue before the different appellate authorities, and which shall, while deciding those appeals, have regard to the said limits. The monetary limit fixed per the latest instruction 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 cited supra, which is to apply for pending appeals as well, is not maintainable. The Revenue’s appeal is accordingly dismissed in limine as not maintainable. We decide accordingly.

In the result, the Revenue’s appeal is dismissed in limine. 5. Order pronounced in the open court on January 21, 2019

Sd/- Sd/- (N. K. Choudhry) (Sanjay Arora) Judicial Member Accountant Member Date: 21.01.2019 /GP/Sr. Ps. Copy of the order forwarded to: (1) The Appellant: Assistant Commissioner of Income Tax, Amritsar (2) The Respondent: Bishan Steel Industries, Top Floor, Bishan House, Kamla Market, Karmon Deori, Amritsar (3) The CIT(Appeals), Amritsar True Copy (4) The CIT concerned (5) The Sr. DR, I.T.A.T By Order

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