ASSISTANT COMMISSIONER OF INCOME TAX, NAKODAR vs. SHRI SUKHDEV SINGH, SHAHKOT

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ITA 182/ASR/2018Status: DisposedITAT Amritsar30 October 2018AY 2009-102 pages

In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal held that the appeal filed by the Revenue Department was not maintainable due to the low tax effect, as per CBDT Instruction No. 03 of 2018. Both parties agreed to this position.

What were the facts?

The Revenue Department filed an appeal against an order of the CIT(A). During the hearing, it was noted that the tax effect involved in the appeal was less than Rs. 20 lacs.

What were the issues?

Maintainability of the appeal by the Revenue Department due to low tax effect as per CBDT instructions.

Which sections of the Income-tax Act were involved?

Section 250(6)

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: 30.10.2018Pronounced: 30.10.2018

IN THE INCOME TAX APPELLATE TRIBUNAL AMRITSAR BENCH, AMRITSAR BEFORE SH. SANJAY ARORA, ACCOUNTANT MEMBER AND SH. N.K.CHOUDHRY, JUDICIAL MEMBER ITA No.182(Asr)/2018 Assessment Year:2009-10

Asst. CIT, Vs. Sh. Sukhdev Singh, (in suit), Nakodar. S/o Sh. Jabar Singh, Vill:-Mehrajwala, PO Kang Khurd, Tehsil Shahkot [PAN:EDKPK 6356J] (Appellant) (Respondent)

Appellant by: Sh. Charan Dass (Ld.DR) Respondent by: None. Date of hearing: 30.10.2018 Date of pronouncement: 30.10.2018 ORDER PER N.K. CHOUDHRY The instant appeal has been filed by the Revenue Department, on feeling aggrieved against the order dated 09.01.2018 passed by the Ld. CIT(A)-2, Jalandhar, u/s 250(6) of the I.T. Act, 1961 (hereinafter called as ‘the Act’).

2.

At the time of hearing, it is seen that the tax effect involved in this appeal of the Revenue Department is less than Rs.20 lacs, hence, the present appeal filed by the Revenue Department is liable to be dismissed, as the same is not maintainable, in view of the latest CBDT Instruction No.03 of 2018, dated 11.07.2018.

ITA No.182(Asr)/2018 (A.Y.2009-10) 2 ACIT v. Sh. Sukhdev Singh, Shahkot

3.

The Ld. DR also agreed that the tax effect in this appeal is less than Rs.20 lacs. Hence, as per CBDT Instruction No. 03 of 2018, dated 11th July, 2018, which is binding on the Department, the Department is precluded from filing the present appeal, as this Instruction is applicable retrospectively. Therefore, the aforesaid appeal can not survive any longer. Accordingly, the appeal filed by the Revenue Department is dismissed as not maintainable.

4.

In the result, the appeal filed by the Revenue Department is dismissed. Order pronounced in the open Court on 30.10.2018.

Sd/- Sd/- (SANJAY ARORA) (N.K.CHOUDHRY) ACCOUNTANT MEMBER JUDICIAL MEMBER Dated: 30.10.2018 /PK/ Ps. Copy of the order forwarded to: (1) Sh. Sukhdev Singh, S/o Sh. Jabar Singh, Vill:-Mehrajwala, PO Kang Khurd, Tehsil Shahkot (2) The ACIT, (in situ), Nakodar. (3) The CIT(A)-2, Jalandhar (4) The CIT concerned (5) The SR DR, I.T.A.T., Amritsar

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