Appeal details
Counselvise Citation
50223714 RSA 2012
Assessee PAN
Bench
Appeal Number
Duration Of Justice
1 year(s) 8 month(s) 10 day(s)
Appellant
Respondent
Appeal Type
Income Tax Appeal
Pronouncement Date
27-05-2014
Appeal Filed By
Department
Order Result
Dismissed
Bench Allotted
B
Next Hearing Date
21-05-2014
Assessment Year
2001-2002
Appeal Filed On
17-09-2012
Judgement Text
IN THE INCOME TAX APPELLATE TRIBUNAL LUCKNOW BENCH B , LUCKNOW BEFORE SHRI S UNIL KUMAR YADAV , JUDICIAL MEMBER AND SHRI. A. K. GARODIA , ACCOUNTANT MEMBER ITA NO. 502/LKW/2012 ASSESSMENT YEAR: 2001 - 02 ASSTT. CIT - 5 KANPUR V. M/S BARASIA ADVERTISING LTD. KANPUR PAN: AAACB5792P (APP ELL ANT) (RESPONDENT) APP ELL ANT BY: SHRI. ALOK MITRA, D.R. RESPONDENT BY: SHRI. ABHINAV MEHROTRA, ADVOCATE DATE OF HEARING: 21 05 2014 DATE OF PRONOUNCEMENT: 27 05 2014 O R D E R PER SUNIL KUMAR YADAV: THIS AP PEAL IS PREFERRED BY THE REVENUE AGAINST THE ORDER OF THE LD. CIT(A). 2 . AT THE VERY OUTSET, THE LEARNED COUNSEL FOR THE ASSESSEE HAS SUBMITTED THAT THE TAX EFFECT INVOLVED IN THIS APPEAL IS LESS THAN THE PRESCRIBED MONETARY LIMIT, THEREFORE, THE DEPARTMENT OUGHT NOT TO HAVE FILED THIS APPEAL IN VIEW OF THE INSTRUCTIONS ISSUED BY C.B.D.T. 3 . THE LEARNED D. R. DID NOT CONTROVERT THE ABOVE FACT. 4 . IT IS NOTICED THAT SECTION 268A OF THE ACT HAS BEEN INSERTED BY THE FINANCE ACT, 2008 WITH RETROSPECTIVE EFFECT FRO M 1.4.1999. THE PROVISIONS CONTAINED IN SECTION 268A READ AS UNDER: - 268A. (1) THE BOARD MAY, FROM TIME TO TIME, ISSUE ORDERS, INSTRUCTIONS OR DIRECTIONS TO OTHER INCOME - TAX AUTHORITIES, FIXING SUCH MONETARY LIMITS AS IT MAY DEEM FIT, FOR THE PRINT TO PDF WITHOUT THIS MESSAGE BY PURCHASING NOVAPDF ( HTTP://WWW.NOVAPDF.COM/ ) : - 2 - : PURPOSE OF REGULATING FILING OF APPEAL OR APPLICATION FOR REFERENCE BY ANY INCOME - TAX AUTHORITY UNDER THE PROVISIONS OF THIS CHAPTER. (2) WHERE, IN PURSUANCE OF THE ORDERS, INSTRUCTIONS OR DIRECTIONS ISSUED UNDER SUB - SECTION (1), AN INCOME - TAX AUTHORITY HAS NOT FILED ANY APPEAL OR APPLICATION FOR REFERENCE ON ANY ISSUE IN THE CASE OF AN ASSESSEE FOR ANY ASSESSMENT YEAR, IT SHALL NOT PRECLUDE SUCH AUTHORITY FROM FILING AN APPEAL OR APPLICATION FOR REFERENCE ON THE SAME ISSUE IN THE CASE OF (A) THE SAME ASSESSEE FOR ANY OTHER ASSESSMENT YEAR; OR (B) ANY OTHER ASSESSEE FOR THE SAME OR ANY OTHER ASSESSMENT YEAR. (3) NOTWITHSTANDING THAT NO APPEAL OR APPLICATION FOR REFERENCE HAS BEEN FILED BY AN INCOME - TAX AUTHORITY PURSUANT TO THE ORDERS OR INSTRUCTIONS OR DIRECTIONS ISSUED UNDER SUB - SECTION (1), IT SHALL NOT BE LAWFUL FOR AN ASSESSEE, BEING A PARTY IN ANY APPEAL OR REFERENCE, TO CONTEND THAT THE INCOME - TAX AUTHORITY HAS ACQUIESCED IN THE DECISION ON THE DISPUTED ISSUE BY NOT FILING AN APPEAL OR APPLICATION FOR REFEREN CE IN ANY CASE. (4) THE APPELLATE TRIBUNAL OR COURT, HEARING SUCH APPEAL OR REFERENCE, SHALL HAVE REGARD TO THE ORDERS, INSTRUCTIONS OR DIRECTIONS ISSUED UNDER SUB - SECTION (1) AND THE CIRCUMSTANCES UNDER WHICH SUCH APPEAL OR APPLICATION FOR REFERENCE WAS F ILED OR NOT FILED IN RESPECT OF ANY CASE. (5) EVERY ORDER, INSTRUCTION OR DIRECTION WHICH HAS BEEN ISSUED BY THE BOARD FIXING MONETARY LIMITS FOR FILING AN APPEAL OR APPLICATION FOR REFERENCE SHALL BE DEEMED TO HAVE BEEN ISSUED UNDER SUB - SECTION (1) AND TH E PROVISIONS OF SUB - SECTIONS (2), (3) AND (4) SHALL APPLY ACCORDINGLY. ] 5 . IT IS NOT IN DISPUTE THAT THE BOARDS INSTRUCTION OR DIRECTIONS ISSUED TO THE INCOME - TAX AUTHORITIES ARE BINDING ON THOSE AUTHORITIES, THEREFORE, THE DEPARTMENT OUGHT NOT TO HAVE FIL ED THESE APPEALS IN VIEW OF THE PROVISIONS OF SECTION 268A OF THE ACT, SINCE THE TAX EFFECT IN THE INSTANT PRINT TO PDF WITHOUT THIS MESSAGE BY PURCHASING NOVAPDF ( HTTP://WWW.NOVAPDF.COM/ ) : - 3 - : CASES IS LESS THAN THE AMOUNT PRESCRIBED FOR NOT FILING THE APPEAL. ACCORDINGLY, THIS APPEAL IS LIABLE TO BE DISMISSED. 6 . ON MERIT, IT WAS ARGUED ON B EHALF OF THE ASSESSEE THAT THE IMPUGNED ISSUE IS ALSO COVERED BY THE JUDGMENT OF THE HON'BLE APEX COURT IN THE CASE OF T.R.F. LIMITED VS. CIT IN CIVIL APPEAL NO.5293 OF 2003, IN WHICH IT HAS BEEN HELD THAT AFTER APRIL, 1989 , IT IS NOT NECESSARY FOR THE ASS ESSEE TO ESTABLISH THAT THE DEBT ADVANCED BY THE ASSESSEE HAD BECOME IRRECOVERABLE. IT IS ENOUGH IF THE BAD DEBT IS WRITTEN OFF AS IRRECOVERABLE IN THE ACCOUNTS OF THE ASSESSEE. THEREFORE, THE APPEAL OF THE REVENUE DESERVES TO BE DISMISSED. 7 . WE HAVE ALSO EXAMINED THE CASE ON MERIT AND WE FIND THAT THE IMPUGNED ISSUE IS ALSO COVERED BY THE AFORESAID JUDGMENT OF THE HON'BLE APEX COURT AND WE FIND NO MERIT IN THE GROUNDS OF APPEAL. ACCORDINGLY, ON MERIT ALSO THE APPEAL OF THE REVENUE IS LIABLE TO BE DISMISSE D. 8 . IN THE RESULT APPEAL OF THE REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 27.5.2014. SD/ - SD/ - [ A. K. GARODIA ] [ S UNIL KUMAR Y ADAV ] ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 27 TH MAY , 2014 JJ: 2205 COPY FORWARDED TO: 1 . APPELLANT 2 . RES PONDENT 3 . CIT(A) 4 . CIT 5 . DR ASSISTANT REGISTRAR PRINT TO PDF WITHOUT THIS MESSAGE BY PURCHASING NOVAPDF ( HTTP://WWW.NOVAPDF.COM/ )
