Dy. Commissioner of Income Tax-6, Kanpur V. M/s K.M Leasing Ltd., Kanpur

ITA 204/LKW/2015

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 4695 (ITAT-LUCKNOW)
• Duration Of Justice: 10 month(s) 9 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 19-02-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 18-01-2016
• Assessment Year: 2004-2005
• Appeal Filed On: 10-04-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL LUCKNOW BENCH B, LUCKNOW BEFORE SHRI SUNIL KUMAR YADAV, JUDICIAL MEMBER AND SHRI A.K. GARODIA, ACCOUNTANT MEMBER ITA NO.204/LKW/2015 ASSESSMENT YEAR:2004-05 M/S K. M. LEASING LTD., 11, MOTI BHAWAN, COLLECTORGANJ, KANPUR. PAN:AAACK8538N VS DY.C.I.T.-6, KANPUR. (RESPONDENT) (APPELLANT) SHRI AMIT NIGAM, DR APPELLANT BY NONE RESPONDENT BY 18/01/2016 DATE OF HEARING 19/02/2016 DATE OF PRONOUNCEMENT O R D E R PER A.K GARODIA,A.M.: THIS IS AN ASSESSEES APPEAL DIRECTED AGAINST THE ORDER PASSED BY LEARNED CIT(A)-II, KANPUR DATED 05/12/2014 FOR THE ASSESSMENT YEAR 2004-05. 2. AT THE VERY OUTSET, IT WAS NOTICED BY THE BENCH THAT AS PER THE CIRCULAR OF CBDT BEARING NO. 21 OF 2015 DATED 10 TH DECEMBER, 2015 IN WHICH THE CBDT HAS TAKEN A DECISION TO WITHDRAW ALL THE APPEALS FILED BY THE REVENUE IN WHICH TAX EFFECT INVOLVED IS LESS TH AN RS.10 LAC. 2. ON A CAREFUL PERUSAL OF THE GROUNDS OF APPEAL, WE FIND THAT THE TAX EFFECT INVOLVED IN THIS APPEAL IS LESS THAN RS.10 L AC THEREFORE, THIS APPEAL OF THE REVENUE IS NOT MAINTAINABLE IN VIEW OF THE AFOR ESAID CIRCULAR OF CBDT. THOUGH THE REVENUE WAS DIRECTED BY THE BOARD TO WITHD RAW THIS APPEAL BUT NO STEPS HAVE BEEN TAKEN BY THE REVENUE TILL DATE. WE, THEREFORE, ARE OF THE VIEW THAT THIS APPEAL OF THE REVENUE IS NOT MAI NTAINABLE IN THE LIGHT OF THE AFORESAID CIRCULAR OF CBDT AND THEREFORE, WE DIS MISS THE SAME BEING NOT MAINTAINABLE. 3. IN THE RESULT, THE APPEAL OF THE REVENUE STANDS DISMISSED. (ORDER WAS PRONOUNCED IN THE OPEN COURT ON THE DAT E MENTIONED ON THE CAPTION PAGE) SD/. SD/. (SUNIL KUMAR YADAV) (A.K. GARODIA ) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED:19/02/2016 *SINGH 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. REG ISTRAR