Asstt. Commissioner of Income tax, Cir.-3, Nagpur V. Dr. Shailesh Kothalkar, Nagpur

ITA 365/NAG/2012

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 3151 (ITAT-NAGPUR)
• Duration Of Justice: 3 year(s) 4 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 15-01-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2006-2007
• Appeal Filed On: 07-09-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: NARENDRA KANE
• Assessee Lawyers: P M GANDHI
• Keywords: Retrospective amendment; Tax effect

Judgement Text

1 ITA NO. 365/NAG/2012& CO NO. 03/NAG/201 3 IN THE INCOME TAX APPELLATE TRIBUNAL, NAGPUR BENCH, NAGPUR BEFORE SHRI MUKUL K. SHRAWAT, JUDICIAL MEMBER AND SHRI SHAMIM YAHYA, ACCOUNTANT MEMBER. ITA NO. 365/NAG/2012 ASSESSMENT YEAR : 2006 - 07. ASSTT. COMMISSIONER OF INCOME - TAX, DR. SHAILESH KOTHALKAR, CIRCLE - 3, NAGPUR. VS. NAGPUR. PAN AHZPK 1312M APPELLANT. RESPONDENT. C.O. 03/NAG/2013 (ARISING OUT OF ITA NO. 365/NAG/2012) ASSESSMENT YEAR : 2006 - 07. DR. SHAILESH KOTHALK AR, ASSTT. COMMISSIONER OF NAGPUR. VS. INCOME - TAX, CIRCLE - 3, NAGPUR. CROSS OBJECTOR. RESPONDENT. DEPARTMENT BY : SHRI NARENDRA KANE. ASSESSEE BY : SHRI P.M. GANDHI. DATE OF HEARING : 06 - 01 - 2016 DATE OF PRONOUNCEMENT : 15 TH JAN., 2016. O R D E R PER SHRI SHAMIN YAHYA, A.M . REVENUES APPEAL THIS APPEAL BY THE REVENUE IS DIRECTED AGAINST THE ORDER OF LEARNED CIT(APPEALS) I I, NAGPUR DATED 14 - 06 - 2012. 2. AT THE THRESHOLD IT IS NOTED THAT THE TAX EFFECT IN THIS CASE IS BELOW THE LIMIT FIXED BY THE CBDT FOR FILING APPEALS BEFORE THE INCOME TAX APPELLATE 2 ITA NO. 365/NAG/2012& CO NO. 03/NAG/201 3 TRIBUNAL VIDE CBDT CIRCULAR NO. 21/2015 DATED 10 - 12 - 2015. IN THE SAID CIRCULAR IT HAS BEEN SPECIFIED THAT THE CIRCULAR WOULD HAVE RETROSPECTIVE EFFECT AND THE REVENUE WOULD NOT PRESS AND WOULD WITHDRAW SUCH APPEALS. THERE ARE CERTAIN EXCEPTIONS MENTIONED IN THE SAID CIRCULAR. LEARNED D.R. COULD NOT POINT OUT THAT ANY OF THESE CASES ATTRACT THE EXCEPTIONS PR OVIDED IN THE SAID CIRCULAR. IN THESE CIRCUMSTANCES, IN THE LIGHT OF THE ABOVE SAID CBDT CIRCULAR, THIS APPEAL IS DISMISSED ON ACCOUNT OF TAX EFFECT IN LIMINE. 3. ASSESSEES CROSS OBJECTION. SINCE REVENUES APPEAL IS DISMISSED IN LIMINE AS ABOVE, THE CR OSS OBJECTION FILED BY THE ASSESSEE ALSO DOES NOT SURVIVE. LEARNED COUNSEL OF THE ASSESSEE HAS FAIRLY ACCEPTED THIS PROPOSITION AND HAS WITHDRAWN THE CROSS OBJECTION. 4. IN THE RESULT, THE CROSS OBJECTION OF THE ASSESSEE STANDS DISMISSED. 5 . IN THE RESULT, THIS APPEAL FILED BY THE REVENUE AS WELL AS THE CROSS OBJECTION FILED BY THE ASSESSEE BOTH ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON THIS 15 TH DAY OF JAN., 2016 SD/ - SD/ - (MUKUL K. SHRAWAT) ( SHAMIM YAHYA) JUDICIAL MEMBER ACCOUNTANT MEMBER. NAGPUR, DATED: 15 TH JANUARY, 2016. 3 ITA NO. 365/NAG/2012& CO NO. 03/NAG/201 3 COPY FORWARDED TO : 1. DR. SHAILESH KOTHALKAR, C/O KOTHALKAR HOSPITAL, SAKKARDAQRA CHOWK, UMRER ROAD, NAGPUR. 2. A.C.I.T., CIRCLE - 3 , NAGPUR. , 3. COMMISSIONER OF INCOME - TAX - , NAGPUR. 4. CIT(APPEALS) - I I, NAGPUR. 5. D.R., ITAT, NAGPUR. 6. GUARD FILE TRUE COPY BY ORDER ASSISTANT REGISTRAR, ITAT, NAGPUR WAKODE.