Appeal Details
Counselvise Citation
[2019] 115 COUNSELVISE.COM (IT) 8854 (ITAT-AGRA)
Assessee PAN
Bench
Appeal Number
Duration Of Justice
1 year(s) 4 month(s) 29 day(s)
Appellant
Respondent
Appeal Type
Income Tax Appeal
Pronouncement Date
19-09-2019
Appeal Filed By
Department
Order Result
Dismissed
Bench Allotted
DB
Assessment Year
2008-2009
Appeal Filed On
20-04-2018
Judgement Text
IN THE INCOME-TAX APPELLATE TRIBUNAL, AGRA BENCH, AGRA BEFORE : SHRI LALIET KUMAR, JUDICIAL MEMBER AND DR. MITHA LAL MEENA, ACCOUNTANT MEMBER ITA NO. 301/AGR/2018 ASSESSMENT YEAR: 2008-09 DCIT, CIRCLE 2(1), GWALIOR (APPELLANT) VS. HINDUSTAN SAKH SAHKARITA, VINOD MARKET, MAINA WALI GALI, DAL BAZAR, AGRA. PAN : AABTT2836L (RESPONDENT) APPELLANT BY SH. SUNIL BAJPAI, CIT/DR RESPONDENT BY SH. RAJENDRA SHARMA, ADVOATE ORDER PER LALIET KUMAR, J.M.: THIS APPEAL OF THE REVENUE FILED BY THE ASSESSEE CALLED INTO QUESTION THE CORRECTNESS OF THE RELIEF GRANTED BY THE CIT(A) WHE RE THE TAX EFFECT INVOLVED DOES NOT EXCEED RS. 50,00,000/-. 2. VIDE CIRCULAR NO. 17/2019 DATED 8 TH AUGUST 2019, THE CENTRAL BOARD OF DIRECT TAXES HAS ANNOUNCED ITS POLICY DECISION NOT TO FILE OR PRESS THE APPEALS BEFORE THIS TRIBUNAL AGAINST THE APPELLATE ORDERS FAVOURABLE TO THE ASSESSEE IN THE CASES IN WHICH OVERALL TAX EFFECT, INCLUDING SURCHARGE BUT E XCLUDING INTEREST, IS RS 50,00,000/- OR LESS. THIS MONETARY LIMIT, WHICH WAS RS 20,00,000 TILL 7TH AUGUST DATE OF HEARING 19.09.2019 DATE OF PRONOUNCEMENT 19.09.2019 ITA NO. 301/AGR/2018 2 2019, HAS BEEN IN EFFECT ENHANCED TO RS.50 LAKHS AN D THE RELIEF SO GRANTED IS RETROSPECTIVE IN NATURE INASMUCH AS IT WILL NOT ONL Y APPLY TO FUTURE APPEALS BUT ALSO TO THE PENDING APPEALS. AS A STEP TOWARDS MANAGEMEN T OF LITIGATION, THE CBDT HAS DECIDED TO FURTHER ENHANCE THE MONETARY LIMITS FOR FILING THE APPEALS IN INCOME TAX CASES VIDE PARA 3 AND PARA 5 OF THE AFORESAID CIRCU LAR TO REMOVE THE AGONY OF UNCERTAINTY TO THE TAXPAYERS WHO HAVE BEEN SUCCESSF UL BEFORE THE LOWER APPELLATE AUTHORITIES. 3. THE LD. COUNSEL FOR THE ASSESSEE CONTENDED THAT IN VIEW OF THE AFORESAID CBDT CIRCULAR DATED 8TH AUGUST 2019, THE APPEAL OF THE R EVENUE IS NOT MAINTAINABLE AND IS LIABLE TO BE DISMISSED AS WITHDRAWN. 4. THE LD. DR FOR THE RESPONDENT DID NOT OPPOSE THE ACTION PROPOSED BY THE TRIBUNAL, IN PRINCIPLE, BUT REQUESTED THAT LEGITIMA TE INTEREST OF REVENUE AUTHORITIES BE SUITABLY PROTECTED SO THAT THE APPEALS WHICH ARE FOUND NOT COVERED BY THE AFORESAID CIRCULAR ARE REINSTATED AND DECIDED ON ME RITS. HE SUBMITTED THAT LIBERTY MAY BE GIVEN TO POINT OUT, UPON NECESSARY FURTHER V ERIFICATIONS, AND TO SEEK RECALL THE DISMISSAL OF APPEAL AND RESTORATION OF THE APPE AL IF THE TAX EFFECT EXCEEDS RS 50,00,000. NONE OPPOSES THIS PRAYER. WE, THEREFORE, ACCEPT THE SAME. WE MAKE IT CLEAR THAT THE APPELLANT SHALL BE AT LIBERTY TO POI NT OUT THAT THE PRESENT APPEAL HAS BEEN SO DISMISSED SUMMARILY EITHER OWING TO WRONG C OMPUTATION OF TAX EFFECT OR ITA NO. 301/AGR/2018 3 OWING TO SUCH CASES BEING COVERED BY THE PERMISSIBL E EXCEPTIONS, OR FOR ANY OTHER REASON, AND WE WILL TAKE APPROPRIATE REMEDIAL STEPS IN THIS REGARD. 5. WITH THE ABOVE OBSERVATIONS, THE APPEAL OF THE R EVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 19 TH SEPTEMBER, 2019. SD/- SD/- (DR. MITHA LAL MEENA) (LALIET KUMAR) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 19.09.2019 *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 INCOME TAX APPELLATE TRIBUNAL AGRA BENCH, AGRA
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