Dy. CIT, Circle-IV, Bathinda v. V. R. A Cotton Mills Pvt. Ltd
[Citation -2019-LL-0827-10]

Citation 2019-LL-0827-10
Appellant Name Dy. CIT, Circle-IV, Bathinda
Respondent Name V. R. A Cotton Mills Pvt. Ltd.
Court ITAT-Amritsar
Relevant Act Income-tax
Date of Order 27/08/2019
Assessment Year 2008-09
Judgment View Judgment
Keyword Tags low tax effect

IN INCOME TAX APPELLATE TRIBUNAL AMRITSAR BENCH, AMRITSAR BEFORE SH. B.R. BASKARAN, ACCOUNTANT MEMBER AND SH. N.K.CHOUDHRY, JUDICIAL MEMBER ITA No.502/Asr/2016 Assessment Year:2008-09 Dy. CIT Vs. M/s V. R. Cotton Mills Pvt. Circle-IV, Bathinda Ltd., Abhor [PAN:AABCV 3100A] (Appellant) (Respondent) Appellant by: Sh. Charan Dass (Ld. DR) Respondent by: Sh. P.N. Arora (Ld. Adv.) Date of hearing: 27.08.2019 Date of pronouncement: 27.08.2019 ORDER PER BENCH: Revenue Department has preferred captioned appeal against order impugned herein passed by Ld. CIT(A) in captioned matter u/s 250(6) of Act, 1961 (hereinafter called as Act ). 2. At outset it is observed that in this case, assessee has declared returned income of Rs. 45,79,041/- whereas assessing officer assessed income u/s 143(3) at Rs. 1,62,27,210/- and on appeal, Ld. CIT(A) deleted addition of Rs. 1,16,49,165 which is in dispute, therefore tax effect is not more than 50 lacs, hence instant appeal is liable to be dismissed as not maintainable, in view of 2 ITA No.502/Asr/2016 (A.Y.2008-09) DCIT vs. V.R.A Cotton Mills Pvt. Ltd. latest CBDT Circular No.17/2019, dated 08.08.2019 whereby Revenue Department is precluded from filing appeal(s) before appellate tribunal against order (s) of CIT(A), in which tax effect does not exceed Rs. 50,00,000/- as specified in Circular and CBDT Clarification dated 20th August 2019 whereby it is clarified that revised monetary limits so mentioned in circular 17/2019 is applicable to all pending SLPs/Appeals/Cross Objections/References. 3. However liberty is granted to Revenue Department to seek recall of order, in case it realize that captioned appeal falls within exception as prescribed in Circular No.03/2018 (supra) and/or having involved tax effect more than Rs. 50 lacs. 4. In result, appeal under consideration filed by Revenue Department stands dismissed as withdrawn. Order pronounced in open Court on 27/08/2019. Sd/- Sd/- (B.R.BASKARAN) (N.K.CHOUDHRY) ACCOUNTANT MEMBER JUDICIAL MEMBER Dated:27/08/2019 /PK/ Ps. Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. Then CIT(Appeals) 5. SR DR, I.T.A.T. Amritsar 6. Guard File True Copy By Order Dy. CIT, Circle-IV, Bathinda v. V. R. Cotton Mills Pvt. Ltd
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