THE INCOME TAX OFFICER, PATHANKOT vs. SH. VIKRAM JOSHI S/O SH. S.K. JOSHI, PATHANKOT

PDF · subscribers
ITA 196/ASR/2016Status: DisposedITAT Amritsar29 October 2018AY 2010-112 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 was not maintainable as it fell below the prescribed monetary limit for appeals by the Revenue. The appeal was dismissed in limine on this ground.

What were the facts?

The Revenue filed an appeal against the CIT(A)'s order for AY 2010-11. The tax effect of the appeal was Rs. 15,91,773, which was below the monetary limit of Rs. 20 lacs for appeals before the Tribunal.

What were the issues?

The primary issue was whether the Revenue's appeal was maintainable before the Tribunal given the monetary limit prescribed by 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: 29.10.2018Pronounced: 29.10.2018

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. No. 196(Asr)/2016 Assessment Year: 2010-11

Income Tax Officer, vs. Vikram Joshi, Ward-3, Pathankot s/o Sh. S.K. Joshi, V&PO, Bungal, Pathankot [PAN:AIHPJ 2553N ]

(Appellant) (Respondent)

Appellant by : Sh. Charan Das, D.R. Respondent by: Sh. J.S. Bhasin, Adv. Date of Hearing: 29.10.2018 Date of Pronouncement: 29.10.2018 ORDER Per Sanjay Arora, AM: This is an Appeal by the Revenue directed against the Order by the Commissioner of Income Tax (Appeals)-2, Amritsar (‘CIT(A)' for short) dated 29.01.2016, partly allowing the assessee’s appeal contesting his assessment order u/s. 144 r/w s. 147 of the Income Tax Act, 1961 ('the Act' hereinafter) dated 26.02.2014 for the Assessment Year (AY) 2010-11.

2.

At the outset, it was pointed out by the ld. counsel for the assessee-respondent, Sh. Bhasin, that the tax effect of the instant appeal is Rs. 15,91,773/-, i.e., below Rs. 20 lacs, 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

2 ITA No.196/Asr/2016 (AY 2010-11) ITO v. Vikram Joshi, Pathankot 11.07.2018, by the CBDT, so that it is not maintainable. With reference to the grounds of appeal assumed before us as well as the assessment order, assessing the total income at Rs. 54.85 lacs, it was confirmed by the Bench that the tax-effect is below twenty lakhs; the relief contested being for Rs. 51.94 lacs.

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.

5.

In the result, the Revenue’s appeal is dismissed in limine. Order pronounced in the open court on October 29, 2018 Sd/- Sd/- (N. K. Choudhry) (Sanjay Arora) Judicial Member Accountant Member Date: 29.10.2018 /PK/ Ps. Copy of the order forwarded to: (1) Sh. Vikram Joshi, S/o Sh. S.K. Joshi, V&PO, Bungal, Pathankot (2) The Income Tax Officer, Jammu. (3) The CIT(Appeals), J&K, Jammu True Copy (4) The CIT concerned (5) The Sr. DR, I.T.A.T By Order

More judgments on Section 268A

All 3,931 judgments and leading authorities on Section 268A →

Latest GST High Court judgments

Search GST case law →