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Income Tax Appellate Tribunal, AMRITSAR BENCH; AMRITSAR
Before: SH. SANJAY ARORA
IN THE INCOME TAX APPELLATE TRIBUNAL AMRITSAR BENCH; AMRITSAR BEFORE SH. SANJAY ARORA, ACCOUNTANT MEMBER (Single Member Constitution) I.T.A. No. 634(Asr)/2017 Assessment Year: 2014-15
Income Tax Officer Vs. Sh. Krishan Singh Ward-2(5), Katra Didi Morh, Aghar Jitto, Reasi [PAN: AVPPS 8845R ] (Appellant) (Respondent)
Appellant by : Sh. A.N.Mishra (DR) Respondent by: Written Submissions Date of Hearing: 23.07.2018 Date of Pronouncement: 23.07.2018
ORDER Per Sanjay Arora, AM: This is an Appeal by the Revenue agitating the Order u/s. 250(6) of the Income Tax Act, 1961 (‘the Act’ hereinafter) dated 29.06.2017 by the Commissioner of Income Tax (Appeals), Jammu (‘CIT(A)’ for short), allowing the assessee’s appeal contesting his assessment u/s. 143(3) of the Act dated 31.l2.2016 for assessment year (AY) 2014-15.
At the very outset, it was observed that the assessee has moved an application, bringing to the notice of the Bench that the demand consequent to assessment is Rs.13,39,637/-; reducing the admitted tax liability of Rs.25,223/-, the net tax demand in pursuance to assessment is Rs.13,14,414/-, i.e., below Rs.20 lacs, which is the threshold limit under section 268A of the Act per its latest
2 ITA No.634(Asr)/2017 (AY 2014-15) ITO v. Sh. Krishan Singh, Reasi Circular (No. 3 of 2018, dated 11.07.2018) by the CBDT, so that the Revenue’s captioned appeal is not maintainable there-under. The copy of the said Circular is also enclosed along-with. The ld. Departmental Representative (DR), on being confronted with the contents of the assessee’s application, fairly conceded thereto, also confirming the tax-effect of the Revenue’s appeal as worked out by the assessee.
In view of forgoing, therefore, the Revenue’s appeal would be covered by sec.268A of the Act, in terms of which an appellate authority, including the Appellate Tribunal, is to have regard to the monetary limits as may be fixed by the Board from time to time for the purpose of regulating the filing of appeals by the Revenue before the appellate authorities. Further, the limit as now specified shall, in terms of para 12 of the Circular, apply for the appeals already filed, i.e., prior to 11.07.2018, as well. The Revenue’s instant appeal is accordingly not maintainable.
In the result, the Revenue’s appeal is dismissed as not maintainable. Order pronounced in the open court on July 23, 2018
Sd/- (Sanjay Arora) Accountant Member Date: 23/7/2018 PK/ PS. Copy of the order forwarded to: (1) Sh. Krishan Singh, Reasi (2) The ITO, Ward-2(5), Katra (3) The CIT(A)-2, Amritsar (4) The CIT/CCIT, concerned (5) The Sr. DR, I.T.A.T. True Copy
By Order