Amar Nath Bansal, Agra V. Dy.C.I.T., Circle-1, Agra

CO 69/AGR/2010

• Counselvise Citation: [2012] 122 COUNSELVISE.COM (IT) 7083 (ITAT-AGRA)
• Duration Of Justice: 1 year(s) 8 month(s) 11 day(s)
• Appeal Type: Cross Objection
• Pronouncement Date: 18-05-2012
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 16-05-2012
• Assessment Year: 2001-2002
• Appeal Filed On: 06-09-2010
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SOHAIL AKHTAR
• Keywords: Tax effect; Condonation of delay
• Section: 148

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AGRA BENCH, AGRA BEFORE SHRI BHAVNESH SAINI, JUDICIAL MEMBER AND SHRI A.L. GEHLOT, ACCOUNTANT MEMBER ITA NO.139/AGR/2010 ASSESSMENT YEAR : 2001-02 DY. COMMISSIONER OF INCOME TAX, VS. SHRI AMA R NATH BANSAL, CIRCLE-1, AGRA. 21/18, FREEGANJ, AGRA. (PAN: ABSPB 3722 D). C.O. NO.69/AGR/2010 (IN ITA NO.139/AGR/2010) ASSESSMENT YEAR : 2001-02 SHRI AMAR NATH BANSAL, VS. DY. COMMISSIONER OF IN COME TAX, 21/18, FREEGANJ, AGRA. CIRCLE-1, AGRA. (PAN: ABSPB 3722 D). (APPELLANTS) (RESPONDENTS) REVENUE BY : SHRI SOHAIL AKHTAR, JR. D.R. ASSESSEE BY : NONE DATE OF HEARING : 16.05.2012 DATE OF PRONOUNCEMENT : 18.05.2012 ORDER PER A.L. GEHLOT, ACCOUNTANT MEMBER: THE APPEAL BY THE REVENUE AND THE CROSS OBJECTION B Y THE ASSESSEE HAVE BEEN FILED AGAINST THE ORDER DATED 17.02.2010 PASS ED BY THE LD. CIT(A)-I, AGRA FOR THE ASSESSMENT YEAR 2001-02. ITA NO.139 & C.O. NO.69/AGR/2010 A.Y. 2001-02 . 2 2. IN THIS APPEAL THE REVENUE HAS RAISED THE GROUND AGAINST THE ORDER OF CIT(A) IN DELETING THE ADDITION OF ` 5,07,025/- MADE ON ACCOUNT OF LONG TERM CAPITAL GAIN SALE OF SHARES. 3. AT THE OUTSET, THE BENCH ASKED THE LD. DEPARTMEN TAL REPRESENTATIVE ABOUT THE TAX EFFECT IN THIS APPEAL. THE LD. DEPARTMENTAL RE PRESENTATIVE AGREED THAT THE TAX EFFECT IN THIS CASE IS LESS THAN ` 2,00,000/-. 4. THE CBDT IN PURSUANCE OF THE ABOVE PROVISIONS IS SUED CIRCULAR/INSTRUCTION NO.05/2008 DATED 15.05.2008 PRESCRIBING THEREIN THA T THE DEPARTMENT SHALL NOT PREFER APPEAL BEFORE THE TRIBUNAL IF THE TAX EFFECT DOES NOT EXCEED RS.2,00,000/-. IT IS SETTLED LAW THAT CIRCULARS/INSTRUCTIONS ISSUE D BY THE C.B.D.T. ARE BINDING ON ALL OFFICERS OF THE DEPARTMENT. THE LD. DEPARTMENTAL R EPRESENTATIVE DID NOT POINT OUT ANY EXCEPTIONAL CIRCUMSTANCES AS PROVIDED IN IN STRUCTION IN THE CASE UNDER CONSIDERATION. THE INSTRUCTION OF C.B.D.T. DATED 1 5.05.2008 IS APPLICABLE TO THE DEPARTMENTAL APPEAL. ADMITTEDLY, THE TAX EFFECT IS LESS THAN RS.2,00,000/-. THEREFORE, THE DEPARTMENTAL APPEAL IS NOT MAINTAINA BLE AND IS ACCORDINGLY DISMISSED. 5. IN THE RESULT, APPEAL FILED BY THE REVENUE IS DI SMISSED IN LIMINE. ITA NO.139 & C.O. NO.69/AGR/2010 A.Y. 2001-02 . 3 C.O. NO.69/AGR/2010 BY THE ASSESSEE 6. THE ASSESSEE, BY THE FIRST GROUND OF ITS CROSS O BJECTION, HAS CHALLENGED THE INITIATION OF REOPENING PROCEEDINGS AND ISSUANCE OF NOTICE UNDER SECTION 148 OF THE INCOME TAX ACT, 1961. THE SECOND GROUND OF CROSS O BJECTION IS THAT THE REVENUE SHOULD NOT HAVE FILED APPEAL AS TAX EFFECT IN THIS CASE IS LESS THAN ` 2,00,000/-. 7. AFTER HEARING THE LD. DEPARTMENTAL REPRESENTATIV E, ON PERUSAL OF RECORDS, IT HAS BEEN NOTICED THAT THE CROSS OBJECTION FILED BY THE ASSESSEE IS DELAYED BY 11 DAYS. SHOW CAUSE NOTICE/DEFECTIVE MEMO DATED 11.08 .2011 WAS ALSO ISSUED. THE ASSESSEE DID NOT MAKE COMPLIANCE TO THE SAID NOTICE /DEFECT MEMO. THERE IS NO PETITION BY THE ASSESSEE FOR CONDONATION OF DELAY O F CROSS OBJECTION. IN THE LIGHT OF THE FACTS, THE CROSS OBJECTION FILED BY THE ASSE SSEE IS DEFECTIVE AND THE SAME IS LIABLE TO BE DISMISSED IN LIMINE. ACCORDINGLY, WE DISMISS THE CROSS OBJECTION FILED BY THE ASSESSEE. 8. IN THE RESULT, APPEAL BY THE REVENUE AND THE CRO SS OBJECTION BY THE ASSESSEE, BOTH ARE DISMISSED IN LIMINE. (ORDER PRONOUNCED IN THE OPEN COURT ON 18.05.2012) SD/- SD/- (BHAVNESH SAINI) (A.L. GEHLOT) JUDICIAL MEMBER ACCOUNTANT MEMBER DATE: 18 TH MAY, 2012 PBN/* ITA NO.139 & C.O. NO.69/AGR/2010 A.Y. 2001-02 . 4 COPY OF THE ORDER FORWARDED TO: APPELLANT RESPONDENT CIT CONCERNED CIT (APPEALS) CONCERNED D.R., ITAT AGRA BENCH, AGRA GUARD FILE. BY ORDER SR. PRIVATE SECRETARY INCOME-TAX APPELLATE TRIBUNAL, AGRA TRUE COPY