A.C.I.T. CIRCLE-1, JAMMU vs. M/S KASHMIR WALNUT OVERSEAS PVT LTD, JAMMU

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ITA 384/ASR/2017Status: DisposedITAT Amritsar30 July 2018AY 2012-132 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal held that the appeals filed by the Revenue Department were not maintainable. This was based on CBDT Instruction No. 03 of 2018, which mandates that appeals with a tax effect below Rs. 20 lacs should not be filed.

What were the facts?

The Revenue Department filed appeals against the order of the CIT(A) for assessment years 2012-13 and 2013-14. The tax effect involved in these appeals was less than Rs. 20 lacs.

What were the issues?

Maintainability of Revenue's appeals 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: 30.07.2018Pronounced: 30.07.2018

IN THE INCOME TAX APPELLATE TRIBUNAL AMRITSAR BENCH, AMRITSAR BEFORE SH. SANJAY ARORA, ACCOUNTANT MEMBER AND SH. N.K.CHOUDHRY, JUDICIAL MEMBER ITA Nos.384 & 385(Asr)/2017 Assessment Years:2012-13 & 2013-14

Asst. CIT, Vs. M/s. Kashmir Walnut Overseas Central Circle-I, Pvt. Ltd., Bari Brahmana, Jammu. Jammu.

PAN:AACCK 9136G (Appellant) (Respondent)

Appellant by: Sh. Gautam Deb (Ld. DR) Respondent by: Sh. P.N. Arora (Ld. Adv.) Date of hearing: 30.07.2018 Date of pronouncement: 30.07.2018 ORDER PER N.K. CHOUDHRY The instant both appeals have been filed by the Revenue Department, on feeling aggrieved against the common order dated 30.03.2017 passed by the Ld. CIT(A)-J&K, Jammu 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 these appeals of the Revenue Department are less than Rs.20 lacs, hence, the present appeals filed by the Revenue Department are liable to be dismissed, as the same are not maintainable, in view of the latest CBDT Instruction No.03 of 2018, dated 11.07.2018.

ITA Nos.384 & 385(Asr)/2017 2 (A.Ys.2012-13 & 2013-14) Asst. CIT vs. M/s. Kashmir Walnut Overseas Pvt. Ltd., Jammu

3.

The Ld. DR also agreed that the tax effect in these appeals are 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 appeals, as this Instruction is applicable retrospectively. Therefore, the aforesaid appeals can not survive any longer. Accordingly, the appeals filed by the Revenue Department are dismissed as not maintainable.

4.

In the result, the appeals filed by the Revenue Department are dismissed. Order pronounced in the open Court on 30.07.2018.

Sd/- Sd/- (SANJAY ARORA) (N.K.CHOUDHRY) ACCOUNTANT MEMBER JUDICIAL MEMBER Dated:30.07.2018 /PK/ Ps. Copy of the order forwarded to: (1) M/s. Kashmir Walnut Overseas Pvt. Ltd., Bari Brahmana, Jammu. (2) The Asst. CIT, Circle-1, Jammu (3) The CIT(A)-J&K, Jammu (4) The CIT concerned (5) The SR DR, I.T.A.T., Amritsar

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