I.T.O.-1(5), Shahjahanpur V. M/S. SHEELA HOSPITAL & TRAUMA CENTER, Shahjahanpur

ITA 572/LKW/2015

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 0395 (ITAT-LUCKNOW)
• Duration Of Justice: 3 year(s) 29 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 19-09-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 30-07-2018
• Assessment Year: 2007-2008
• Appeal Filed On: 21-08-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: CBDT
• Keywords: Tax effect

Judgement Text

I.T.A. NO.572/LKW/2015 C.O.41/LKW/2015 ASSESSMENT YEAR:2008-09 1 IN THE INCOME TAX APPELLATE TRIBUNAL LUCKNOW BENCH B, LUCKNOW BEFORE SHRI T. S. KAPOOR, ACCOUNTANT MEMBER AND SHRI PARTHA SARATHI CHAUDHURY, JUDICIAL MEMBER ITA NO.572/LKW/2015 ASSESSMENT YEAR:2008-09 INCOME TAX OFFICER-1(5), SHAHJAHANPUR. VS. M/S SHEELA HOSPITAL & TRAUMA CENTRE, SHAHJAHANPUR. PAN:ABJFS 4912 R (APPELLANT) (RESPONDENT) C.O.NO.41/LKW/2015 (IN ITA NO.572/LKW/2015) ASSESSMENT YEAR:2008-09 M/S SHEELA HOSPITAL & TRAUMA CENTRE, SHAHJAHANPUR. PAN:ABJFS 4912 R VS. INCOME TAX OFFICER-1(5), SHAHJAHANPUR. (APPELLANT) (RESPONDENT) O R D E R PER T. S. KAPOOR, A.M. THIS IS AN APPEAL FILED BY THE REVENUE AGAINST THE ORDER OF LEARNED CIT(A), BAREILLY DATED 11/06/2015 PERTAINING TO ASS ESSMENT YEAR 2008-09. 2. DURING THE COURSE OF HEARING OF THE APPEAL IT WA S NOTICED THAT THE TAX EFFECT INVOLVED IN THIS APPEAL IS LESS THAN RS. 20,00,000/-, THEREFORE, IN VIEW OF THE CIRCULAR NO. 3/2018 ISSUE D BY THE CBDT AND THE PROVISIONS CONTAINED IN SECTION 268A OF THE INCOME TAX REVENUE BY SHRI NIMISH MISHRA, D. R. ASSESSEE BY SHRI SANJAY SAXENA, A.R. DATE OF HEARING 11 /0 9 /2018 DATE OF PRONOUNCEMENT 19/09/2018 I.T.A. NO.572/LKW/2015 C.O.41/LKW/2015 ASSESSMENT YEAR:2008-09 2 ACT, 1961 (HEREINAFTER TO BE REFERRED AS THE ACT), THE DEPARTMENT IS BOUND TO WITHDRAW THE APPEAL. 3. ON THE OTHER HAND, THE LD. D.R., ALTHOUGH SUPPOR TED THE ORDER OF THE ASSESSING OFFICER, BUT COULD NOT CONTR OVERT THIS FACT THAT TAX EFFECT IN THIS APPEAL IS LESS THAN RS.20,0 0,000/-. 4. AFTER CONSIDERING THE SUBMISSIONS OF BOTH THE PA RTIES AND THE MATERIAL AVAILABLE ON RECORD, IT IS NOTICED THA T SECTION 268A HAS BEEN INSERTED BY THE FINANCE ACT, 2008 WITH RET ROSPECTIVE EFFECT FROM 01/04/99. THE SAID SECTION 268 OF THE A CT PROVIDES THAT THE BOARD MAY ISSUE INSTRUCTION OR DIRECTIONS TO THE OTHER INCOME-TAX AUTHORITIES FIXING MONETARY LIMITS FOR N OT FILING THE APPEALS BEFORE THE APPELLATE TRIBUNAL OR THE COURTS . THE SAID INSTRUCTIONS/DIRECTIONS ARE BINDING ON THE INCOME T AX AUTHORITIES. 5. IT IS NOTICED THAT THE CBDT HAS ISSUED CIRCULAR NO. 3 OF 2018 DATED 11.07.2018, VIDE WHICH IT HAS REVISED TH E MONETARY LIMIT TO RS.20,00,000/- FOR NOT FILING THE APPEAL B EFORE THE TRIBUNAL. FROM THIS CIRCULAR IT IS CLEAR THAT THES E INSTRUCTIONS ARE APPLICABLE TO THE PENDING APPEALS ALSO AND AS PER C LAUSE 13, THERE IS CLEAR CUT INSTRUCTION TO THE DEPARTMENT TO WITHDRAW OR NOT TO PRESS THE APPEALS FILED BEFORE THE ITAT WHER EIN TAX EFFECT IS LESS THAN RS.20,00,000/-. THESE INSTRUCTIONS ARE OPERATIVE RETROSPECTIVELY TO THE PENDING APPEALS ALSO. 6. KEEPING IN VIEW THE CBDT CIRCULAR NO. 3 OF 2018 DATED 11.07.2018 AND ALSO THE PROVISIONS OF SECTION 268A OF INCOME TAX ACT, 1961, WE ARE OF THE VIEW THAT THE REVENUE SHOULD HAVE WITHDRAWN THE INSTANT APPEAL FILED BEFORE THE TRIBU NAL. I.T.A. NO.572/LKW/2015 C.O.41/LKW/2015 ASSESSMENT YEAR:2008-09 3 7. SINCE WE HAVE DISMISSED THE APPEAL OF THE REVENU E DUE TO LOW TAX EFFECT, THE CROSS OBJECTIONS FILED BY THE A SSESSEE HAS BECOME INFRUCTUOUS AND THEREFORE, THE SAME IS DISMI SSED 8. IN THE RESULT, THE APPEAL OF THE REVENUE AND THE CROSS OBJECTIONS OF THE ASSESSEE ARE DISMISSED. (ORDER PRONOUNCED IN THE OPEN COURT ON 19/09/2018) SD/. SD/. (PARTHA SARATHI CHAUDHURY) ( T. S. KAPOOR ) JUDICIAL MEMBER A CCOUNTANT MEMBER DATED:19/09/2018 *SINGH COPY OF THE ORDER FORWARDED TO : 1. THE APPELLANT 2. THE RESPONDENT. 3. CONCERNED CIT 4. THE CIT(A) 5. D.R., I.T.A.T.,