Asstt. Commissioner of Income Tax, Lucknow V. M/s Megha Motors, Lucknow

ITA 582/LKW/2014

• Counselvise Citation: [2015] 140 COUNSELVISE.COM (IT) 92303 (ITAT-LUCKNOW)
• Duration Of Justice: 1 year(s) 27 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 30-07-2015
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 02-09-2015
• Assessment Year: 2007-2008
• Appeal Filed On: 03-07-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: P K KAPOOR
• Keywords: Tax effect

Judgement Text

1 IN THE INCOME TAX APPELLATE TRIBUNAL LUCKNOW BENCH B , LUCKNOW BEFORE SHRI SUNIL KUMAR YADAV, JUDICIAL MEMBER AND SHRI A.K. GARODIA, ACCOUNTANT MEMBER ITA NO. 582 /LKW/201 4 ASSESSMENT YEAR:2007 20 08 AC IT , CENTRAL CIRCLE I , LUCKNOW V S M/S MEGHA MOTORS , SEC M, C 13, ALIGANJ, KURSI ROAD, LUCKNOW - 226024 PAN:AA KFM7409H (APPELLANT) (RESPONDENT) C.O.NO.27/LKW/2015 (IN ITA NO.582/LKW/2014) ASSESSMENT YEAR:2007 2008 M/S MEGHA MOTORS, SEC M, C 13, ALIGANJ, KURSI ROAD, LUCKNOW - 226024 PAN:AAKFM7409H VS ACIT, CENTRAL CIRCLE I, LUCKNOW (APPELLANT) (RESPONDENT) APPELLANT BY SHRI P. K . KAPOOR, C.A. RESPONDENT BY SHRI A. K. SINGH, CIT DR DATE OF HEARING 10/07/2015 DATE OF PRONOUNCEMENT 3 0 /07/2015 O R D E R PER A. K. GARODIA, A.M. T H IS APPEAL IS FILED BY THE REVENUE AND THE C.O. IS FILED BY THE ASSESSEE AND THESE ARE DIRECTED AGAINST THE ORDER OF LEARNED CIT (A) I I I LUCKNOW DATED 22 . 02 .201 4 FOR A.Y. 200 7 20 08 . 2 . AT THE VERY OUTSET, LEARNED AR OF THE ASSESSEE SUBMITTED THAT AS PER THE GROUNDS RAISED BY THE REVENUE, THE GRIEVANCE OF THE REVENUE I S FOR DELETING OF TWO ADDITIONS OF RS. 6 LACS AND RS. 4.80 LACS TOTAL RS. 10.80 LACS. 2 HE FURTHER SUBMITTED THAT THEREFORE, THE TAX EFFECT IS BELOW RS. 4 LACS AND HENCE , THE APPEAL OF THE REVENUE SHOULD NOT HAVE BEEN FILED BECAUSE OF LOW TAX EFFECT AS PER BOARD INSTRUCTIONS. AT THIS JUNCTURE, IT WAS POINTED OUT BY THE BENCH THAT IN THAT SITU ATION, THE C.O. OF THE ASSESSEE IS ALSO NOT MAINTAINABLE BECAUSE WHEN THE APPEAL OF THE REVENUE IS NOT PROPER, THE ASSESSEE CANNOT FILE A C.O. IN REPLY, LEARNED AR OF THE ASSESSEE HAD NOTHING TO SAY AND HE AGREED TO THIS PROPOSITION. LEARNED DR OF THE REVE NUE COULD NOT CONTROVERT THIS ASSERTION OF THE LEARNED AR OF THE ASSESSEE THAT THE TAX EFFECT IN THIS APPEAL OF THE REVENUE IS BELOW RS. 4 LACS. 3 . WE HAVE CONSIDERED THE RIVAL SUBMISSIONS AND THE FACTS OF THE CASE . WE F IND THAT AS PER BOARD INSTRUCTIONS , THE APPEAL OF THE REVENUE BEFORE THE TRIBUNAL IS NOT TO BE FILED IF THE TAX EFFECT IS BELOW RS. 4 LACS AND SINCE, THE TAX EFFECT IN THE PRESENT CASE IS LESS THAN RS. 4 LCS, THIS APPEAL OF THE REVENUE SHOULD NOT HAVE BEEN FILED BECAUSE OF LOW TAX EFFECT A S PER BOARD INSTRUCTIONS AND HENCE, THE SAME IS DISMISSED AS NOT MAINTAINABLE BECAUSE OF LOW TAX EFFECT. CONSEQUENTLY, THE CO OF THE ASSESSEE IS ALSO DISMISSED AS NOT MAINTAINABLE BECAUSE WHEN THERE IS NO VALID APPEAL OF THE REVENUE, NO CO CAN BE FILED BY THE ASSESSEE. 4 . IN THE RESULT, THE APP EAL OF THE REVENUE IS DISMISSED AND CO OF THE ASSESSEE IS ALSO DISMISSED. (ORDER WAS PRONOUNCED IN THE OPEN COURT ON THE DATE MENTIONED ON THE CAPTION PAGE) SD/. SD/. (SUNIL KUMAR YADAV) ( A. K. GARODI A ) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 3 0 /0 7 /201 5 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., LUCKNOW ASSTT. REGISTRAR