Dy. Commissioner of Income Tax-I, Kanpur V. M/s Om Transport & Construction Co., Kanpur

ITA 100/LKW/2015

• Counselvise Citation: 10023714 RSA 2015
• Duration Of Justice: 10 month(s) 13 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-12-2015
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 16-12-2015
• Assessment Year: 2009-2010
• Appeal Filed On: 02-02-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: PRADEEP KAPOOR
• Keywords: Tax effect

Judgement Text

1 IN THE INCOME TAX APPELLATE TRIBUNAL LUCKNOW BENCH A, LUCKNOW BEFORE SHRI SUNIL KUMAR YADAV, JUDICIAL MEMBER AND SHRI A.K. GARODIA, ACCOUNTANT MEMBER ITA NOS.100/LKW/2015 ASSESSMENT YEAR 2009-10 M/S OM TRANSPORT & CONSTRUCTION CO., A-S/5, KRISHNA PURAM, KANPUR PAN AABFO 8527 B VS DCIT-I, KANPUR CO NO. 25/LKW/2015 (IN ITA NOS.100/LKW/2015) ASSESSMENT YEAR 2009-10 DCIT-I, KANPUR M/S OM TRANSPORT & CONSTRUCTION CO., A-S/5, KRISHNA NAGAR PURAM, KANPUR PAN AABFO 8527 B (RESPONDENT) (APPELLANT) SHRI AMIT NIGAM, DR APPELLANT BY SHRI PRADEEP KAPOOR, CA RESPONDENT BY 18/12/2015 DATE OF HEARING 16/12/2015 DATE OF PRONOUNCEMENT O R D E R PER SUNIL KUMAR YADAV, JM. 1. THIS APPEAL IS FILED BY THE REVENUE AND THE CROS S OBJECTION IS FILED BY THE ASSESSEE. THIS APPEAL OF THE REVENUE IS TAKEN U P FOR CONSIDERATION ON OUT OF TURN BASIS IN THE LIGHT OF THE CIRCULAR OF T HE CBDT BEARING NO. 21 OF 2015 DATED 10 TH DECEMBER, 2015 IN WHICH THE CBDT HAS TAKEN A DECIS ION TO 2 WITHDRAW ALL THE APPEALS FILED BY THE REVENUE IN WH ICH TAX EFFECT INVOLVED IS LESS THAN RS.10 LAC. 2. ON A CAREFUL PERUSAL OF THE GROUNDS OF APPEAL, R AISED IN THIS APPEAL, WE FIND THAT THE TAX EFFECT INVOLVED IN THIS APPEAL IS LESS THAN RS.10 LAC THEREFORE, THIS APPEAL OF THE REVENUE IS NOT MAINTA INABLE IN VIEW OF THE AFORESAID CIRCULAR OF CBDT. THOUGH THE REVENUE WAS DIRECTED BY THE BOARD TO WITHDRAW THIS APPEAL BUT NO STEPS HAVE BEEN TAKE N BY THE REVENUE TILL DATE. WE, THEREFORE, ARE OF THE VIEW THAT THIS APP EAL OF THE REVENUE IS NOT MAINTAINABLE IN THE LIGHT OF THE AFORESAID CIRCULAR OF CBDT AND THEREFORE, WE DISMISS THE SAME BEING NOT MAINTAINABLE. 3. SINCE THE CROSS OBJECTION HAS ARISEN OUT OF THE REVENUES APPEAL AND THE REVENUES APPEAL HAS BEEN DISMISSED BEING NOT M AINTAINABLE DUE TO LOW TAX EFFECT, THE CROSS OBJECTION FILED BY THE ASSESS EE CANNOT SURVIVE AND THE SAME IS DISMISSED. 4. IN THE RESULT, THE APPEAL OF THE REVENUE AS WELL AS CROSS OBJECTION OF THE ASSESSEE STANDS 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: 28/12/2015 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