I.T.O.-4(3), Agra V. Sh. Pramod Saraswat, Agra

ITA 199/AGR/2014

• Counselvise Citation: [2016] 134 COUNSELVISE.COM (IT) 0001 (ITAT-AGRA)
• Duration Of Justice: 1 year(s) 6 month(s) 2 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 02-02-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2009-2010
• Appeal Filed On: 31-07-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: MAHESH AGARWAL
• Keywords: Tax effect

Judgement Text

1 IN THE INCOME TAX APPELLATE TRIBUNAL AGRA BENCH, AGRA BEFORE SHRI BHAVNESH SAINI, JUDICIAL MEMBER AND MS. ANNAPURNA MEHROTRA, ACCOUNTANT MEMBER ITA NO.199/AG/2014 ASSESSMENT YEAR:2009-10 THE ITO, VS. SRI PRAMOD SARASWAT 4(3), AGRA F-539, KAMLA NAGAR, AGRA PAN NO. AHTPS3590F (APPELLANT) (RESPONDENT) APPELLANT BY : SH. WASEEM ARSHAD RESPONDENT BY : SH. MAHESH AGARWAL DATE OF HEARING : 02/02/2016 DATE OF PRONOUNCEMENT : 02/02/2016 ORDER PER ANNAPURNA MEHROTRA A.M. THIS APPEAL HAS BEEN FILED BY THE REVENUE AGAINST T HE ORDER OF THE LD. CIT(APPEALS)-II, AGRA DT. 14/01/2014. 2. IN THIS APPEAL FOLLOWING GROUNDS HAVE BEEN RAISE D: 1. THE LD. COMMISSIONER OF INCOME TAX (APPEALS) HAS ERRED IN LAW AND ON FACTS IN DELETING THE ADDITION MADE BY A.O. U/S 40( A)(IA) OF RS. 31,91,918/- WITHOUT APPRECIATING THE FACTS OF THE CASE AND FOLLOWING TH E DECISION OF HONBLE HIGH COURT OF ALLAHABAD IN THE CASE OF CIT VS. VECTOR SH IPPING SERVICES (P) LTD. WHICH WAS CONFIRM THE DECISION OF SPECIAL BENCH OF ITAT, HYDERABAD IN THE CASE OF MERILYN SHIPPING TRANSPORT LTD (136 ITS 23). THE AB OVE MENTIONED DECISION OF THE SPECIAL BENCH HAS BEEN STAYED BY HYDERABAD HIGH COU RT. FURTHER HONBLE GUJARAT HIGH COURT HAS ALSO NOT ACCEPTED THE DECISI ON OF THE SPECIAL BENCH OF 2 TRIBUNAL IN THE CASE OF MERILYN SHIPPING AND TRANSP ORT LTD, (SUPRA) (SB) IN THE CASE OF COMMISSIONER OF INCOME TAX-IV VS. SIKANDARKHAN N TUNVAR AND PASSED ORDER IN FAVOUR OF REVENUE. CBDT HAS ALSO NOT ACCEPTED THE D ECISION OF THE SPECIAL BENCH IN CASE MERILYN SHIPPING (SUPRA) VIDE CIRCULAR NO. 10/DV/2013 DATED 16/12/2013. 2. THAT THE ORDER OF LD. COMMISSIONER OF INCOME TAX (APPEALS) BEING ERRONEOUS IN LAW AND FACTS DESERVE TO BE QUASHED AN D THAT OF THE ASSESSING OFFICER DESERVES TO BE RESTORED. 3. IT IS AN ADMITTED FACT THAT IN THIS APPEAL PREFE RRED BY THE REVENUE, THE TAX EFFECT DOES NOT EXCEED THE MONETARY LIMIT OF RS.10 LAKHS. THUS, IN VIEW OF CIRCULAR NO. 21/2015 DATED 10.12.2015, F.NO.279/MISC.142/200 7-ITJ(PT),GOVERNMENT OF INDIA, MINISTRY OF FINANCE, DEPARTMENT OF REVENUE, CENTRAL BOARD OF DIRECT TAXES, THE ABOVE APPEAL DESERVES TO BE TREATED AS WITHDRAWN/NO T PRESSED. VIDE PARA 10 OF THE ABOVE INSTRUCTIONS, THE CBDT HAS CLARIFIED THAT THIS INSTRUCTION WILL APPLY RETROSPECTIVELY TO PENDING APPEALS AND APPEALS TO B E FILED HENCEFORTH IN ITAT. THE CBDT HAS FURTHER CLARIFIED THAT THE PENDING APPEALS BEFORE THE TRIBUNAL BELOW THE SPECIFIED TAX LIMITS I.E. RS.10 LAKHS MAY BE WITHDR AWN/NOT PRESSED BY THE REVENUE. THE ISSUE INVOLVED IN THIS APPEAL IS NOT COVERED BY THE PARA 8 (EXCEPTIONS) OF THE ABOVE INSTRUCTIONS. ACCORDINGLY THE APPEAL FILED BY THE REVENUE IS TREATED AS WITHDRAWN/NOT PRESSED. 4. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISM ISSED. ORDER PRONOUNCED IN THE OPEN COURT. SD/- SD/- (BHAVNESH SAINI) (ANNAPURNA MEHROTRA) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED : 02/02/2016 AG COPY TO: THE APPELLANT, THE RESPONDENT, THE CIT, THE CIT( A), THE DR