Income Tax Appellate Tribunal - Amritsar
Assistant Commissioner Of Income Tax ... vs Shrimati Jatinder Kaur Alias Amrita, ... on 20 February, 2023
IN THE INCOME TAX APPELLATE TRIBUNAL
AMRITSAR BENCH, AMRITSAR
BEFORE DR. M. L. MEENA, ACCOUNTANT MEMBER
AND SH. ANIKESH BANERJEE, JUDICIAL MEMBER
I.T.A. No. 146/Asr/2022
Assessment Year: 2017-18
The Assistant Commissioner Vs. Smt. Jatinder Kaur Alias Amrita,
of Income Tax, Central 326A,Guru Teg Bahadur Nagar,
Circle-1, Jalandhar Jalandhar 144001
[PAN: AALPA 2363B]
(Appellant) (Respondent)
Appellant by : Sh. S. S. Kalra, CA
Respondent by: Smt. Rajinder Kaur, CIT-DR
Date of Hearing: 14.02.2023
Date of Pronouncement: 20.02.2023
ORDER
Per Dr. M. L. Meena, AM:
The appeal has been filed by the Revenue against the impugned order dated 21.04.2022 passed by the Ld. Commissioner of Income Tax (Appeals)-5, Ludhiana in respect of the Assessment Year 2017-18.
2. At the time of hearing, the assessee has filed computation of income and Income tax computation form duly signed by the ACIT, Central Circle- 2 ITA No. 146/Asr/2022
Asstt.CIT v. Jatinder Kaur 1, Jalandhar, in support of its claim that the disputed tax effect involved has been Rs.44,33,501/- (APB pg. no. 1 & 2). The Ld. AR submitted that since the disputed tax is being less that Rs. 50,00,000/-, the case is covered within the threshold limit prescribed for filing an appeal by the department before the Hon'ble Income Tax Appellate Tribunal vide CBDT Circular 17/2019 dated 08/08/2019. In support, he has filed, tax computation chart as under:
The Ld. Assessing Officer has computed the tax payable as under:
Particular Amount (Rs.)
Tax payable on total income 73,85,849/-
Surcharge 18,00,006/-
Education Cess 2,75,576/-
Total Tax Liability (I) 94,61,431/-
Further, attention is invited to the intimation u/s 143(1) vide which the returned income of the appellant was accepted, vide which CPC Bengaluru had computed the tax payable enclosed at pages 7-16, as under:
Particular Amount (Rs.)
Tax at normal rates 37,85,837/-
Surcharge 5,67,876/-
Education Cess 1,30,611/-
Total Tax Liability (II) 44,84,324/-
Resultantly, based on the above two tables, Your Honors will appreciate that the overall tax effect of the order of the Ld. Assessing Officer is only Rs. 49,77,107/- (I-II), which is less than the prescribed threshold of Rs. 50,00,000/- as prescribed.
Hence, it is prayed that since the tax effect in the said matter is below the prescribed threshold, the appeal of the department may kindly be dismissed."3 ITA No. 146/Asr/2022
Asstt.CIT v. Jatinder Kaur
3. The Ld. DR has not controverted the computation chart filed by the Ld AR and he has no objection to the request of the assessee that since the tax effect in the said matter is below the prescribed threshold, the appeal of the department may be dismissed.
4. In view of above facts, we hold that the appeal of the department, being involving tax effect of less than Rs.50,00,000/- is hereby dismissed as not maintainable.
Order pronounced in the open court on 20.02.2023 Sd/- Sd/-
(Anikesh Banerjee) (Dr. M. L. Meena)
Judicial Member Accountant Member
*GP/Sr.PS*
Copy of the order forwarded to:
(1) The Appellant:
(2) The Respondent:
(3) The CIT(Appeals)
(4) The CIT concerned
(5) The Sr. DR, I.T.A.T.
True Copy
By Order