ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-2, JAMMU vs. MESERS THE J & K COOPERATIVE SUPPLY & MARKETING PRIVATE LIMITED, JAMMU

ITA 791/ASR/2017Status: DisposedITAT Amritsar05 October 2018AY 2014-152 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. This was based on CBDT Instruction No. 03 of 2018, which sets a monetary limit for filing appeals.

What were the facts?

The Revenue Department filed an appeal against an order of the CIT(A). The tax effect involved in the appeal was less than Rs. 20 lacs. The Learned DR agreed that the tax effect was below the threshold.

What were the issues?

The primary issue was the maintainability of the appeal due to the tax effect being below the threshold stipulated by 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: 17.10.2018Pronounced: 17.10.2018

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. 791(Asr)/2017 Assessment Year: 2014-15

The Assistant Commissioner Vs. M/s The J&K Cooperative Supply & of Income Tax, Circle-2, Rail Marketing Pvt. Ltd., B. C. Road, Head Complex, Panama Jammu Chowk, Jammu [PAN: AAAAT 0881B] (Appellant) (Respondent)

Appellant by: Sh. Charan Das (Ld. DR) Respondent by: None Date of hearing: 17.10.2018 Date of pronouncement: 17.10.2018 ORDER PER N.K. CHOUDHRY The instant appeal has been filed by the Revenue Department, on feeling aggrieved against the order dated 29.06.2017 passed by the Ld. CIT(A), Jammu, u/s 250(6) of the I.T. Act, 1961 (hereinafter called as ‘the Act’).

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. 792/(Asr)/2017 (A.Y. 2014-15) 2 Asst. CIT v. The J&K Cooperative Supply & Marketing Pvt. Ltd.

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.

In the result, the appeal filed by the Revenue Department is dismissed. Order pronounced in the open Court on 17.10.2018

Sd/- Sd/- (SANJAY ARORA) (N.K.CHOUDHRY) ACCOUNTANT MEMBER JUDICIAL MEMBER Dated: 17.10.2018 /GP/Sr. PS. Copy of the order forwarded to: (1) M/s The J&K Cooperative Supply & Marketing Pvt. Ltd., B. C. Road, Jammu (2) The Assistant Commissioner of Income Tax, Circle-2, Rail Head Complex, Panama Chowk, Jammu (3) The CIT(A), Jammu (4) The CIT concerned (5) The SR DR, I.T.A.T., Amritsar

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