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Income Tax Appellate Tribunal, AMRITSAR BENCH, AMRITSAR
Before: SH. SANJAY ARORA & SH. N.K.CHOUDHRY
IN THE INCOME TAX APPELLATE TRIBUNAL AMRITSAR BENCH, AMRITSAR BEFORE SH. SANJAY ARORA, ACCOUNTANT MEMBER AND SH. N.K.CHOUDHRY, JUDICIAL MEMBER ITA No.227(Asr)/2015 Assessment Year:2009-10
Income Tax Officer, Vs. Sh. Imran Ali Ward-3(1), Srinagar S/o Ali Mohd Bhat R/o Dalgate, Srinagar Kashmir PAN: (Appellant) (Respondent)
Appellant by: Sh. Charan Dass (Ld. DR) Respondent by: None Date of hearing: 9.10.2018 Date of pronouncement: 9.10.2018 ORDER PER N.K. CHOUDHRY The instant appeal has been filed by the Revenue Department, on feeling aggrieved against the order dated 23.02.2015 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.
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,
ITA No.227 (Asr)/2015 (A.Y.2009-10) 2 ITO v. Imran Ali, Kashmir
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 9.10.2018.
Sd/- Sd/- (SANJAY ARORA) (N.K.CHOUDHRY) ACCOUNTANT MEMBER JUDICIAL MEMBER Dated: 9.10.2018 /PK/ Ps. Copy of the order forwarded to: (1) Sh. Imran Ali S/o Ali Mohd Bhat R/o Dalgate, Srinagar Kashmir (2) The Income Tax Officer, Ward-3(1), Srinagar (3) The CIT(A)- Jammu (4) The CIT concerned (5) The SR DR, I.T.A.T., Amritsar