ITO, Kanpur V. Shri Panwan Kumar Agrawal, Kanpur

ITA 146/LKW/2011

• Counselvise Citation: 14623714 RSA 2011
• Duration Of Justice: 2 month(s) 30 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-06-2011
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2007-2008
• Appeal Filed On: 29-03-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: P K B AJAJ
• Keywords: Tax effect

Judgement Text

1 IN THE INCOME TAX APPELLATE TRIBUNAL, B - BENCH, LUCKNOW. BEFORE SHRI H.L.KARWA, HON'BLE VICE PRESIDENT AND SHRI N.K.SAINI, ACCOUNTANT MEMBER I.T.A.NO.146(LKW.)/2011 A.Y. : 2007-08 THE I.T.O.-1(3), VS. SHRI PAWAN KUMAR AGARWAL, KANPUR. 268-D,JAJMAU, KANPUR. PAN ABOPA5043J (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI P.K.BAJAJ, D.R. RESPONDENT BY : SHRI RAKESH GARG, ADVOCATE O R D E R PER H.L.KARWA, VICE PRESIDENT THIS APPEAL FILED BY THE REVENUE IS DIRECTED AGAINST THE ORDER OF THE LD.CIT(A)-II, KANPUR DATED 15.11.2010 RELATING TO THE ASSESSMENT YEAR 2007-08. 2. AT THE VERY OUTSET, SHRI RAKESH GARG, ADVOCATE, LD. COUNSEL FOR THE ASSESSEE FILED A CHART, WHICH READS AS UNDER : TAX EFFECT CHART (I) INCOME RETURNED : RS.1,72,970 (II) INCOME ASSESSED : RS.11,92,110 (III) TAX ON INCOME RETURNED : RS.9,786 (IV) TAX ON INCOME ASSESSED : RS.3,45,164 (V) PERCENTAGE OF TAX ON INCOME ASSESSED: 28.95% 2 (VI) ADDITIONS DISPUTED BY THE DEPARTMENT : IN APPEAL BEFORE ITAT TOTAL RS.9,02,630 (VII) TAX ON ADDITION DISPUTED BY THE DEPTT.: 28.05% OF RS.9,02,630 =RS.2,61,347 (VIII) THE APPEAL HAS BEEN FILED ON 29.3.2011 I.E. AFTER 9.2.2011. (IX) SINCE THE TAX ON THE DISPUTED ADDITIONS COMES TO RS.2,61,347 WHICH IS LESS THAN RS.3 LAKHS, NO APPEAL IS MAINTAINABLE AGAINST THE ORDER OF THE CIT(A). (X) THE ABOVE PROPORTION IS AS PER THE BOARDS INSTRUCTION NO.03 DATED 9.2.2011. SUBMITTED FOR PAWAN KUMAR AGAWRAL SD. RAKESH GARG, ADVOCATE 2.1 IN VIEW OF THE ABOVE CHART, SHRI RAKESH GARG, ADVOCATE, LD. COUNSEL FOR THE ASSESSEE SUBMITTED THAT IN THIS REVENUES APPEAL, TAX EFFECT IS LESS THAN RS.3 LACS AND THEREFORE, THE REVENUE SHOULD NOT HAVE FILED THIS APPEAL BEFORE THE TRIBUNAL. ADMITTEDLY THE APPEAL WAS FILED ON 29.3.2011. IT IS OBSERVED THAT THE C.B.D.T. HAS ISSUED INSTRUCTION NO.3 OF 2011 DATED 9.2.2011, BY WHICH THE C.B.D.T. HAS REVISED THE MONETARY LIMIT TO RS.3 LAKHS FOR FILING THE APPEALS BEFORE THE TRIBUNAL. KEEPING IN VIEW THE C.B.D.T. INSTRUCTION NO.3 OF 2011 DATED 9.2.2011, WE ARE OF THE VIEW THAT THE REVENUE SHOULD NOT HAVE FILED THIS APPEAL BEFORE THE TRIBUNAL AFTER THE DATE OF ISSUANCE OF THE AFORESAID INSTRUCTION. THE HON'BLE GUJARAT HIGH COURT IN THE CASE OF CIT V. CONCORD PHARMACEUTICALS (2008) 220 CTR GUJARAT 117 HAS UPHELD THE ORDERS OF I.T.A.T. AHMEDABAD BENCHES DISMISSING THE (I) RS.6,77,850 (II) RS.2,24,780 3 APPEALS OF THE REVENUE ON THE GROUND THAT TAX EFFECT WAS LESS THAN THE LIMIT PRESCRIBED BY C.B.D.T. IN ITS CIRCULARS ISSUED FROM TIME TO TIME. 3. IN VIEW OF THE ABOVE, WITHOUT GOING INTO THE MERITS OF THE CASE, WE DISMISS THE APPEAL FILED BY THE REVENUE. 4. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISMISSED. THE ORDER PRONOUNCED IN THE OPEN COURT ON 28.6.2011. SD. SD. (N.K.SAINI) (H.L.KARWA) ACCOUNTANT MEMBER VICE PRESIDENT JUNE 28 , 2011. COPY TO THE : 1. APPELLANT 2. RESPONDENT 3. CIT(A) (4) CIT 5.DR. A.R.,ITAT, LUCKNOW. SRIVASTAVA.