ACIT, Kanpur V. Shri Krishna Kumar Goenka, Kanpur

ITA 22/LKW/2011

• Counselvise Citation: [2011] 134 COUNSELVISE.COM (IT) 9092 (ITAT-LUCKNOW)
• Duration Of Justice: 2 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 21-03-2011
• Appeal Filed By: Department
• Bench Allotted: A
• Next Hearing Date: 21-03-2011
• Assessment Year: 2000-2001
• Appeal Filed On: 20-01-2011
• Court: TRIBUNAL
• Department Lawyers: ANADI VERMA
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL: LUCKNOW BENCH A, LUCKNOW (BEFORE HONBLE SHRI H. L. KARWA AND HONBLE SH. N. K.SAINI) ITA NO.22/LKW/2011 ASSESSMENT YEAR:2000-01 ASSTT. COMMISSIONER OF INCOME-TAX-3 KANPUR V. SHRI KRISHNA KUMAR GOENKA 316, ANANDPURI, KANPUR (APPELLANT) (RESPONDENT) APPELLANT BY: SHRI. ANADI VERMA, D.R. RESPONDENT BY: SHRI. AMIT SHUKLA, ADVOCATE O R D E R PER H. L. KARWA: THIS APPEAL FILED BY THE REVENUE IS DIRECTED AGAIN ST THE ORDER OF THE CIT(A)-II, KANPUR DATED 8.10.2010 RELATING TO THE ASSESSMENT Y EAR 2000-01. 2. DURING THE COURSE OF HEARING, SHRI. AMIT SHUKLA, THE LD. COUNSEL FOR THE ASSESSEE, AT THE VERY OUTSET, STATED THAT THE TAX EFFECT IN THIS APPEAL IS LESS THAN RS.2 LACS AND, THEREFORE, THE DEPARTMENT OUGHT NOT TO HAVE FILED T HE APPEAL IN VIEW OF THE BOARDS CIRCULAR NO.5 OF 2008. 3. AFTER HEARING THE LD. REPRESENTATIVES OF BOTH TH E PARTIES, WE FIND THAT IN REVENUES APPEAL TAX EFFECT IS LESS THAN RS.2 LACS AND ADMITT EDLY, THE APPEAL WAS FILED ON 21.1.2011. IT IS NOTICED THAT THE C.B.D.T. HAS ISSUED INSTRUCT ION NO.5 OF 2008 DATED 15.5.2008, BY WHICH THE C.B.D.T. HAS REVISED THE MONETARY LIMIT T O RS.2 LACS FOR FILING THE APPEALS BEFORE THE TRIBUNAL. KEEPING IN VIEW THE C.B.D.T. INSTRUCT ION NO.5 OF 2008 DATED 15.5.2008, WE ARE OF THE VIEW THAT THE REVENUE SHOULD NOT HAVE FI LED THIS APPEAL BEFORE THE TRIBUNAL AFTER THE DATE OF ISSUANCE OF THE AFORESAID INSTRUCTION. RECENTLY, 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 APPEALS OF THE REVENUE ON THE GROUND THAT TAX EFFECT WAS LESS THAN THE LIMIT PRE SCRIBED BY C.B.D.T. IN ITS CIRCULARS ISSUED FROM TIME TO TIME. :-2-: 4. IN VIEW OF THE ABOVE, WITHOUT GOING INTO THE MER ITS OF THE CASE, WE 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 21.3.201 1. SD/- SD/- [N. K. SAINI] [H. L. KARWA] ACCOUNTANT MEMBER VICE PRESIDENT DATED:21.3.2011 JJ:2103 COPY FORWARDED TO: 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT(A) 4. THE CIT 5. THE DR ASSISTANT REGISTRAR