ITO, Kanpur V. M/s. Hari Kishan Properties Ltd., Kanpur

ITA 161/LKW/2011

• Counselvise Citation: 16123714 RSA 2011
• Duration Of Justice: 6 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 13-04-2011
• Appeal Filed By: Department
• Bench Allotted: SMC
• Next Hearing Date: 13-04-2011
• Assessment Year: 2001-2002
• Appeal Filed On: 07-04-2011
• Court: TRIBUNAL
• Department Lawyers: P K B AJAJ
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL: LUCKNOW BENCH SMC, LUCKNOW (BEFORE HONBLE SHRI H. L. KARWA, VICE PRESIDENT) ITA NO.161/LKW/2011 ASSESSMENT YEAR:2001-02 INCOME TAX OFFICER WARD 6(1), KANPUR V. M/S HARI KISHAN PROPERTIES LTD. SOMANI BHAWAN, 51/27, NAYAGANJ, KANPUR (APPELLANT) (RESPONDENT) APPELLANT BY: SHRI P.K. BAJAJ, D.R. RESPONDENT BY: NONE O R D E R THIS APPEAL HAS BEEN FILED BY THE REVENUE AGAINST THE ORDER OF THE LD. CIT(A) II, KANPUR DATED 16.12.2010 RELATING T O ASSESSMENT YEAR 2001- 02. 2. IN THIS APPEAL, THE REVENUE HAS RAISED THE FOLLOWIN G GROUNDS:- 1. THAT THE LD COMMISSIONER OF INCOME TAX(A) HAS ERRED IN LAW ON FACTS TREATING THE PROPERTY AS COMMERCIAL UTILIZ ATION OF THE PROPERTY IN PLACE OF HOUSE PROPERTY ESTABLISHED BY THE AO BY GIVING FACTS IN DETAILS. 2. THAT THE ORDER OF LD COMMISSIONER OF INCOME TAX (A) -II, KANPUR HAS ERRED IN LAW AND ON FACTS IN DELETING TH E ADDITION OF RS.1,20,000/- AND RS.63,000/- FOR MAINTENANCE CHARG ES AND ELECTRICITY CHARGES OF THE BUILDING RESPECTIVELY MADE BY THE AO TREATING THE PROPERTY AS HOUSE PROPERTY INCOME. 3. THAT THE ORDER OF LD COMMISSIONER OF INCOME TAX (A) -II, BEING ERRONEOUS IN LAW AND ON THE FACTS DESERVES TO BE VA CATED AND THAT THE ORDER OF ASSESSING OFFICER BE RESTORED. 4. THAT THE APPELLANT CRAVES LEAVE TO MODIFY ANY OF TH E GROUNDS OF APPEAL GIVEN ABOVE AND/OR ADD ANY FRESH GROUND AS A ND WHEN IT IS CONSIDERED NECESSARY TO DO SO. :-2-: 3. AFTER HEARING THE LD. D.R., I FIND THAT IN REVEN UES APPEAL TAX EFFECT IS LESS THAN RS.3 LAKS AND ADMITTEDLY THE APPEAL WAS FILED ON 7.4.2011. IT IS NOTICED THAT THE C.B.D.T. HAS ISSUED INSTRUCTION NO.3 OF 2011 DA TED 9.2.2011, BY WHICH THE C.B.D.T. HAS REVISED THE MONETARY LIMIT TO RS.3 LAK HS FOR FILING THE APPEALS BEFORE THE TRIBUNAL. KEEPING IN VIEW THE C.B.D.T. INSTRUCT ION NO.3 OF 2011 DATED 9.2.2011, I AM OF THE VIEW THAT THE REVENUE SHOULD NOT HAVE F ILED THIS APPEAL BEFORE THE TRIBUNAL AFTER THE DATE OF ISSUANCE OF THE AFORESAI D INSTRUCTION. THE HON'BLE GUJARAT HIGH COURT IN THE CASE OF CIT V. CONCORD PHARMACEUT ICALS (2008) 220 CTR GUJARAT 117 HAS UPHELD THE ORDERS OF I.T.A.T. AHMEDABAD BEN CHES DISMISSING THE APPEALS OF THE REVENUE ON THE GROUND THAT TAX EFFECT WAS L ESS THAN THE LIMIT PRESCRIBED BY C.B.D.T. IN ITS CIRCULARS ISSUED FROM TIME TO TIM E. 4. IN VIEW OF THE ABOVE, WITHOUT GOING INTO THE MER ITS OF THE CASE, I DISMISS THE APPEAL FILED BY THE REVENUE. 5. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISM ISSED. ORDER WAS PRONOUNCED IN THE OPEN COURT ON 13.4.201 1. SD/- [H. L. KARWA] VICE PRESIDENT DATED:13.4.2011 JJ:1304 COPY FORWARDED TO: 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT(A) 4. THE CIT 5. THE DR ASSISTANT REGISTRAR