Mohd. Tariq Quereshi, Lucknow V. Dy. Commissioner Of Income Tax, Lucknow

CO 6/LKW/2015

• Counselvise Citation: [2016] 123 COUNSELVISE.COM (IT) 1938 (ITAT-LUCKNOW)
• Duration Of Justice: 11 month(s) 1 day(s)
• Appeal Type: Cross Objection
• Pronouncement Date: 13-01-2016
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 11-01-2016
• Assessment Year: 2011-2012
• Appeal Filed On: 11-02-2015
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: S C AGARWAL
• Keywords: Tax effect

Judgement Text

1 IN THE INCOME TAX APPELLATE TRIBUNAL LUCKNOW BENCH B, LUCKNOW BEFORE SHRI SUNIL KUMAR YADAV, JUDICIAL MEMBER AND SHRI A.K. GARODIA, ACCOUNTANT MEMBER ITA NOS.19 & 20/LKW/2015 ASSESSMENT YEARS 2010-11, 2011-12 MOHD. TARIQ QUERESHI, 264/20, BILLOUCHPURA, P.S. BAZAR KHALA, REJENDRA NAGAR, LUCKNOW 226 004 PAN ADMPT 1938 R VS DY. COMMISSIONER OF INCOME TAX RANGE-4, LUCKNOW CO NOS. 05 & 06/LKW/2015 (IN ITA NOS.19 & 20/LKW/2015) ASSESSMENT YEARS 2010-11, 2011-12 DY. COMMISSIONER OF INCOME TAX RANGE-4, LUCKNOW MOHD. TARIQ QUERESHI, 264/20, BILLOUCHPURA, P.S. BAZAR KHALA, REJENDRA NAGAR, LUCKNOW 226 004 PAN ADMPT 1938 R (RESPONDENT) (APPELLANT) SHRI A.K. SINGH, CIT, DR APPELLANT BY SHRI S.C. AGARWAL, ADVOCATE RESPONDENT BY 11 / 01 /201 6 DATE OF HEARING 13 / 01 /201 6 DATE OF PRONOUNCEMENT O R D E R PER SUNIL KUMAR YADAV, JM. 1. THESE APPEALS ARE FILED BY THE REVENUE AND THE C ROSS OBJECTIONS ARE FILED BY THE ASSESSEE. DURING THE COURSE OF HEARING , LD. COUNSEL FOR THE ASSESSEE HAS INVITED OUR ATTENTION TO THE CIRCULAR OF THE CBDT BEARING NO. 21 OF 2015 DATED 10 TH DECEMBER, 2015 IN WHICH THE CBDT HAS TAKEN A 2 DECISION TO WITHDRAW ALL THE APPEALS FILED BY THE R EVENUE IN WHICH TAX EFFECT INVOLVED IS LESS THAN RS.10 LAC, WITH THE SUBMISSIO N THAT IN THE LIGHT OF THE CIRCULAR/INSTRUCTION THESE APPEALS OF THE REVENUE B E DISMISSED. 2. ON A CAREFUL PERUSAL OF THE GROUNDS OF APPEALS, RAISED IN THESE APPEALS, WE FIND THAT THE TAX EFFECT INVOLVED IN TH ESE APPEALS ARE LESS THAN RS.10 LAC THEREFORE, THESE APPEALS OF THE REVENUE A RE NOT MAINTAINABLE IN VIEW OF THE AFORESAID CIRCULAR OF CBDT. THOUGH THE REVENUE WAS DIRECTED BY THE BOARD TO WITHDRAW THESE APPEALS BUT NO STEPS HAVE BEEN TAKEN BY THE REVENUE TILL DATE. WE, THEREFORE, ARE OF THE V IEW THAT THESE APPEALS OF THE REVENUE ARE NOT MAINTAINABLE IN THE LIGHT OF TH E AFORESAID CIRCULAR OF CBDT AND THEREFORE, WE DISMISS THE SAME BEING NOT M AINTAINABLE. 3. SINCE THE CROSS OBJECTIONS HAVE ARISEN OUT OF T HE REVENUES APPEALS AND THE REVENUES APPEALS HAVE BEEN DISMISSED BEING NOT MAINTAINABLE DUE TO LOW TAX EFFECT, THE CROSS OBJECTIONS FILED BY TH E ASSESSEE CANNOT SURVIVE AND THE SAME ARE DISMISSED. 4. IN THE RESULT, THE APPEALS OF THE REVENUE AS WEL L AS CROSS OBJECTIONS OF THE ASSESSEE STAND DISMISSED. (ORDER WAS PRONOUNCED IN THE OPEN COURT ON THE DAT E MENTIONED ON THE CAPTION PAGE) SD/- SD/- (A.K. GARODIA ) (SUNIL KUMAR YADAV) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 13/01/2016 AKS COPY OF THE ORDER FORWARDED TO : 1.THE APPELLANT 2.THE RESPONDENT. 3.CONCERNED CIT 4.THE CIT(A) 5.D.R., I.T.A.T., LUCKNOW ASSTT. REGI STRAR