Dy. C.I.T.-1, Agra V. Sh. Pradeep Kapoor, Agra

ITA 283/AGR/2013

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 9996 (ITAT-AGRA)
• Duration Of Justice: 2 year(s) 6 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 02-02-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 28-07-2014
• Assessment Year: 2008-2009
• Appeal Filed On: 01-08-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: K C AGARWAL
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, AGRA BENCH, AGRA BEFORE : SHRI BHAVNESH SAINI, JUDICIAL MEMBE R AND MRS. ANNAPURNA MEHROTRA, ACCOUNT ANT MEMBER ITA NO. 283/AGRA/2013 ASSTT. YEAR : 2008-09 D.C.I.T. 1, VS. SHRI PRADEEP KAPOOR, AGRA. 43/499, NEAR SURAJ BHAN KI BAGICHI, MATHURA ROAD, AGRA. [PAN: ADCPK 4489J] C.O. NO. 23/AGRA/2013 (IN ITA NO. 283/AGRA/2013) ASSTT. YEAR : 2008-09 SHRI PRADEEP KAPOOR, VS. D.C.I.T. 1, 43/499, NEAR SURAJ BHAN KI BAGICHI, AGRA. MATHURA ROAD, AGRA. (APPELLANT) (RESPONDENT) REVENUE BY : SHRI WASEEM ARSHAD, SR. DR ASSESSEE BY : SHRI K.C. AGARWAL, ADVOCATE DATE OF HEARING : 02.02.2016 DATE OF PRONOUNCEMENT : 02.02.2016 ORDER PER BHAVNESH SAINI, JUDICIAL MEMBER: THE DEPARTMENTAL APPEAL AS WELL AS CROSS OBJECT ION BY ASSESSEE ARE DIRECTED AGAINST THE ORDER OF LD. CIT(A)-I, AGRA DA TED 08.03.2013 FOR THE ASSESSMENT YEAR 2008-09, CHALLENGING THE ORDER OF L D. CIT(A) IN GIVING RELIEF OF RS.12,65,700/- FROM SHORT TERM CAPITAL GAIN AS ASSE SSED BY THE AO AT RS.19,85,501/-. ITA NO.283 & CO NO. 23/AGRA/2013 2 ACCORDING TO CBDT CIRCULAR NO. 21 OF 2015 DATED 10 .12.2015, IT IS DIRECTED THAT THE DEPARTMENT SHALL NOT FILE APPEAL BEFORE THE TRIBUNAL WHERE THE TAX EFFECT DOES NOT EXCEED MONETARY LIMIT OF RS . 10 LACS. THE TAX EFFECT WOULD NOT INCLUDE ANY INTEREST ETC. THE CIRCULAR AP PLIES RETROSPECTIVELY TO THE PENDING APPEALS AND THE APPEALS TO BE FILED HENCEFO RTH BEFORE THE TRIBUNAL. THE DEPARTMENT WOULD EITHER WITHDRAW OR WOULD NOT P RESS THE DEPARTMENTAL APPEALS. ADMITTEDLY, IN THE DEPARTMENTAL APPEAL, THE TAX EF FECT IS LESS THAN RS.10 LACS AND THE ISSUE INVOLVED IN THE DEPARTMENTAL APP EAL WOULD NOT FALL IN ANY EXCEPTION PROVIDED IN THE CIRCULAR. THE LD. DR, THE REFORE, SUBMITTED THAT AS PER ABOVE INSTRUCTION, THE DEPARTMENTAL APPEAL IS NOT P RESSED. THE DEPARTMENTAL APPEAL IS, THEREFORE, DISMISSED, BEING NOT PRESSED. THE LD. COUNSEL FOR THE ASSESSEE ALSO SEEKS PERMISSION TO WITHDRAW THE CROS S OBJECTION. THE SAME IS ALSO DISMISSED AS WITHDRAWN. IN THE RESULT, THE DEPARTMENTAL APPEAL AND THE CRO SS OBJECTION BY ASSESSEE ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT. SD/- SD/- (ANNAPURNA MEHROTRA) (BHAVNESH SAINI) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED : 2 ND FEBRUARY, 2016 *AKS/- COPY OF ORDER FORWARDED TO: (1) THE APPELLANT (2) THE RESPONDENT (3) COMMISSIONER (4) CIT(A) (5) DEPARTMENTAL REPRESENTATIVE (6) GUARD FILE BY ORDER ASSISTANT REGISTRAR