ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-3, AMRITSAR vs. MESRERS AMRITSAR BEVERAGES PVT.LTD, AMRITAR

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ITA 199/ASR/2018Status: DisposedITAT Amritsar30 October 2018AY 2013-142 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal held that the appeals were not maintainable as they did not meet the monetary limit specified by the CBDT for appeals to the Tribunal. Therefore, the appeals were dismissed in limine.

What were the facts?

The Revenue filed appeals before the ITAT against orders of the CIT(A) which partly allowed the assessee's appeals. The tax effect of the appeals was below the monetary limit prescribed by the CBDT for Revenue appeals to the Tribunal.

What were the issues?

Whether the Revenue's appeals are maintainable before the Tribunal when the tax effect is below the prescribed monetary limit as per CBDT instructions.

Which sections of the Income-tax Act were involved?

Section 268A

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 I. T. A. Nos. 199 & 200/(Asr)/2018 Assessment Years: 2013-14 &2014-15

Asst. Commissioner of Income Vs. Amritsar Beverages Pvt. Ltd., Tax, Circle-3, Amritsar P.O. Rayon & Silk Mills, G.T. Road, Amritsar [PAN: AACCA 6736G] (Appellant) (Respondent)

Appellant by : Sh. Charan Das, Sr. D.R. Respondent by: None Date of Hearing: 30.10.2018 Date of Pronouncement: 30.10.2018

ORDER Per Sanjay Arora, AM: This is a set of two Appeals by the Revenue arising out of separate Orders by the Commissioner of Income Tax (Appeals)-1, Amritsar (‘CIT(A)’ for short) dated 18.01.2018 and 11.01.2018 respectively for the two consecutive years afore- mentioned, partly allowing the assessee’s appeals contesting its’ assessments under section 143(3) of the Income Tax Act, 1961 ('the Act' hereinafter) for the relevant years, being Assessment Years (AYs.) 2013-14 & 2014-15.

2.

At the outset, it was observed by the Bench that the ‘tax effect’ of the instant appeals 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

2 ITA Nos. 199 & 200/Asr/2018 (AYs 2013-14 & 2014-15) Asst. CIT v. Amritsar Beverages Pvt. Ltd. maintainable. With reference to the grounds of appeal assumed before us as well as the assessment orders, it was confirmed by the Bench that the ‘tax effect’ is below Rs. 20 lacs each inasmuch as the addition under challenge in these appeals is at Rs. 40.62 lacs and Rs. 42.30 lacs for the two consecutive years respectively.

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 appeals are dismissed in limine. 5. Order pronounced in the open court on October 30, 2018 Sd/- Sd/- (N. K. Choudhry) (Sanjay Arora) Judicial Member Accountant Member Date: 30.10.2018 /GP/Sr. Ps. Copy of the order forwarded to: (1) The Appellant: Asst. Commissioner of Income Tax, Circle-3, Amritsar (2) The Respondent: Amritsar Beverages Pvt. Ltd., P.O. Rayon & Silk Mills, G.T. Road, Amritsar (3) The CIT(Appeals)-1, Amritsar (4) The CIT concerned True Copy (5) The Sr. DR, I.T.A.T. By Order

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