ITO.-1(3), Agra V. Sh. Sushil Kumar Agarwal, Agra

ITA 57/AGR/2010

• Counselvise Citation: [2011] 134 COUNSELVISE.COM (IT) 6982 (ITAT-AGRA)
• Duration Of Justice: 1 year(s) 3 month(s) 16 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 27-06-2011
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 27-06-2011
• Assessment Year: 2003-2004
• Appeal Filed On: 12-03-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, AGRA BENCH, AGRA BEFORE SHRI P.K. BANSAL, ACCOUNTANT MEMBER AND SHRI H.S. SIDHU, JUDICIAL MEMBER ITA NO. 57/AGRA/2010 ASSTT. YEAR : 2003-04 INCOME-TAX OFFICER, VS. SRI SUSHIL KUMAR AGARWA L, 1(3), AGRA. 34-SIDDARTH ENCLAVE, MAU ROAD, AGRA. (PAN : AAUPA 2593 A) C.O. NO.26/AGRA/2010 (IN ITA NO. 57/AGRA/2010) ASSTT. YEAR : 2003-04 SRI SUSHIL KUMAR AGARWAL, VS. INCOME-TAX OFFICER , 34-SIDDARTH ENCLAVE, 1(3), AGRA. MAU ROAD, AGRA. (APPELLANT) (RESPONDENT) FOR REVENUE : SHRI VINOD KUMAR, JR. D.R. FOR ASSESSEE : SHRI SUBHASH AGARWAL, ADVOCATE. ORDER PER P.K. BANSAL, A.M. : THE APPEAL BY THE REVENUE AND CROSS BY ASSESSEE OBJ ECTION HAVE BEEN FIELD BY THE REVENUE AGAINST THE ORDER OF THE CIT(A) DATED 08.12 .2009. 2. WE HAVE HEARD BOTH THE PARTIES AND HAVE CAREFULL Y PERUSED THE MATERIAL ON RECORD AS WELL AS THE ORDERS OF THE TAX AUTHORITIES BELOW. WE NOTE D THAT THE TAX EFFECT IN THIS APPEAL FILED BY THE REVENUE AGAINST THE ORDER OF THE CIT(A) IS LESS THA N RS.2,00,000/- AND THE SAME IS IN CONTRAVENTION OF C.B.D.T. INSTRUCTION NO.5 OF 2008 DATED 15.05.2008 WHICH FINDS STATUTORY FORCE 2 UNDER THE PROVISIONS OF SECTION 268A OF THE INCOME- TAX ACT, 1961. THE CLAUSE NO.3 OF THE SAID C.B.D.T. INSTRUCTION HAS MADE IT CLEAR THAT APPEAL BEFORE THE TRIBUNAL BY THE REVENUE WILL HENCEFORTH BE FILED WHERE TAX EFFECT EXCEEDS RS.2 L ACS. THE PRESENT APPEAL, HAVING BEEN FILED IN CONTRAVENTION OF THE SAID INSTRUCTION, IS, THEREFOR E, FOUND NOT MAINTAINABLE. IN THE FACTS AND CIRCUMSTANCES OF THE CASE, THE APPEAL FILED BY THE REVENUE IS LIABLE TO BE DISMISSED AS NOT MAINTAINABLE. 3. AS REGARDS THE CROSS OBJECTION, THE LEARNED AR O F THE ASSESSEE HAS WITHDRAWN THE SAME. THEREFORE, THE CROSS OBJECTION OF THE ASSESSEE DESE RVES TO BE DISMISSED AS WITHDRAWN. 4. IN THE RESULT, THE APPEAL OF THE REVENUE AND CRO SS OBJECTION OF ASSESSEE ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 27 TH JUNE, 2011. SD/- SD/- (H.S. SIDHU) (P.K. BANSAL) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 27 TH JUNE, 2011 *AKS/- COPY OF THE ORDER FORWARDED TO : 1. APPELLANT 2. RESPONDENT 3. CIT(A) BY ORDER 4. CIT, CONCERNED 5. DR, ITAT, AGRA 6. GUARD FILE ASSISTANT REGISTRAR TRUE COPY