Astt. Commissioner of Income Tax, Lucknow V. M/s Govind Hotels & Inn Pvt. Ltd., Lucknow

ITA 21/LKW/2017

• Counselvise Citation: [2019] 118 COUNSELVISE.COM (IT) 3598 (ITAT-LUCKNOW)
• Duration Of Justice: 2 year(s) 1 month(s) 16 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 22-02-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2009-2010
• Appeal Filed On: 05-01-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: C K SINGH
• Keywords: Retrospective amendment; Tax effect

Judgement Text

I.T.A. NO.21/LKW/2017 ASSESSMENT YEAR:2009-10 1 IN THE INCOME TAX APPELLATE TRIBUNAL LUCKNOW BENCH B, LUCKNOW BEFORE SHRI A. D. JAIN, VICE PRESIDENT AND SHRI T. S. KAPOOR, ACCOUNTANT MEMBER I.T.A. NO.21/LKW/2017 ASSESSMENT YEAR:2009-10 A.C.I.T., CENTRAL CIRCLE-II, LUCKNOW. VS. M/S GOVIND HOTELS & INN PVT. LTD., 23, BATASHE WALI GALI, AMINABAD, LUCKNOW. PAN:AADCG 0579 Q (APPELLANT) (RESPONDENT) O R D E R PER A. D. JAIN: V.P. THIS APPEAL HAS BEEN FILED BY THE REVENUE AGAINST THE ORDER OF LEARNED CIT(A)-3, LUCKNOW DATED 24/10/2016 PERTAINING TO AS SESSMENT YEAR 2009-10. 2. DURING THE COURSE OF HEARING, THE LEARNED COUNSE L FOR THE ASSESSEE SUBMITTED THAT TAX EFFECT INVOLVED IN THIS APPEAL I S LESS THAN RS.20,00,000/-, THEREFORE, IN VIEW OF THE CIRCULAR NO. 3/2018 ISSUE D BY THE CBDT AND THE PROVISIONS CONTAINED IN SECTION 268A OF THE INCOME TAX ACT, 1961 (HEREINAFTER TO BE REFERRED AS THE ACT), THE DEPARTMENT IS BOUND TO WITHDRAW THE APPEAL. 3. ON THE OTHER HAND, THE LD. D.R., ALTHOUGH SUPPOR TED THE ORDER OF THE ASSESSING OFFICER, BUT COULD NOT CONTROVERT THIS FA CT THAT TAX EFFECT IN THIS APPEAL IS LESS THAN RS.20,00,000/-. 4. AFTER CONSIDERING THE SUBMISSIONS OF BOTH THE PA RTIES AND THE MATERIAL AVAILABLE ON RECORD, IT IS NOTICED THAT SECTION 268 A HAS BEEN INSERTED BY THE APPELLANT BY SHRI C. K. SINGH, D.R. RESPONDENT BY SHRI RAKESH GARG, ADVOCATE MS. SWETA MITTAL, F.C.A. DATE OF HEARING 11/02/2019 DATE OF PRONOUNCEMENT 22/02/2019 I.T.A. NO.21/LKW/2017 ASSESSMENT YEAR:2009-10 2 FINANCE ACT, 2008 WITH RETROSPECTIVE EFFECT FROM 01 /04/99. THE SAID SECTION 268 OF THE ACT PROVIDES THAT THE BOARD MAY ISSUE INSTRUCTI ON OR DIRECTIONS TO THE OTHER INCOME-TAX AUTHORITIES FIXING MONETARY LIMITS FOR N OT FILING THE APPEALS BEFORE THE APPELLATE TRIBUNAL OR THE COURTS. THE SAID INSTRUC TIONS/DIRECTIONS ARE BINDING ON THE INCOME TAX AUTHORITIES. 5. IT IS NOTICED THAT THE CBDT HAS ISSUED CIRCULAR N O. 3 OF 2018 DATED 11.07.2018, VIDE WHICH IT HAS REVISED THE MONETARY LIMIT TO RS.20,00,000/- FOR NOT FILING THE APPEAL BEFORE THE TRIBUNAL. FROM THIS C IRCULAR IT IS CLEAR THAT THESE INSTRUCTIONS ARE APPLICABLE TO THE PENDING APPEALS ALSO AND AS PER CLAUSE 13, THERE IS CLEAR CUT INSTRUCTION TO THE DEPARTMENT TO WITHD RAW OR NOT TO PRESS THE APPEALS FILED BEFORE THE ITAT WHEREIN TAX EFFECT IS LESS TH AN RS.20,00,000/-. THESE INSTRUCTIONS ARE OPERATIVE RETROSPECTIVELY TO THE P ENDING APPEALS ALSO. 6. KEEPING IN VIEW THE CBDT CIRCULAR NO. 3 OF 2018 DATED 11.07.2018 AND ALSO THE PROVISIONS OF SECTION 268A OF INCOME TAX ACT, 19 61, WE ARE OF THE VIEW THAT THE REVENUE SHOULD HAVE WITHDRAWN THE INSTANT APPEA L FILED BEFORE THE TRIBUNAL. 7. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISMI SSED. (ORDER PRONOUNCED IN THE OPEN COURT ON 22/02/2019) SD/. SD/. ( T. S. KAPOOR ) ( A. D. JAIN ) ACCOUNTANT MEMBER VICE PRESIDENT DATED:22/02/2019 *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