Addl. Commissioner of Income Tax, Kanpur V. M/s U.Y Industries Ltd., MUMBAI

ITA 598/LKW/2015

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 4743 (ITAT-LUCKNOW)
• Duration Of Justice: 4 month(s) 27 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 04-02-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 02-02-2016
• Assessment Year: 2012-2013
• Appeal Filed On: 07-09-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: VIKAS GARG
• Keywords: Tax effect

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. 598/LKW/2015 ASSESSMENT YEAR: 2012 - 13 ADDL. CIT SPECIAL RANGE KANPUR V. M/S U.Y. INDU STRIES LTD. 7 TH TECHNO CENTRE, MAROL MAKWANA ROAD, ANDERI (EAST) FLOOR, VAMAN MUMBAI T AN /PAN : AAACU4253G (APP ELL ANT) (RESPONDENT) APP ELL ANT BY: SHRI. A. K. SINGH, D.R. RESPONDENT BY: SHRI. VIKAS GARG, FCA DATE OF HEARING: 02 02 201 6 DATE OF PRONOU NCEMENT: 04 02 201 6 O R D E R PER SUNIL KUMAR YADAV: THIS APPEAL IS PREFERRED BY THE REVENUE AGAINST THE ORDER OF THE LD. CIT(A) ON VARIOUS GROUNDS. 2 . DURING THE COURSE OF HEARING, THE LD. COUNSEL FOR THE ASSESSEE HAS INVITED OUR ATTENTION THAT THE TAX EFFECT INVOLVED IN THIS APPEAL IS LESS THAN RS.10 LAKHS, THEREFORE, THIS APPEAL OF THE REVENUE IS NOT MAINTAINABLE IN VIEW OF THE CIRCULAR OF THE C . B . D . T BEARING NO. 21 OF 2015 DATED 10 TH DECEMBER, 2015, IN WHICH THE C . B . D . T HAS TAKEN A DECISION TO WITHDR AW ALL THE APPEALS FILED BY THE REVENUE, IN WHICH TAX EFFECT INVO LVED IS LESS THAN RS.10 LAKHS. THOUGH THE REVENUE WAS DIRECTED BY THE BOARD TO WITHDRAW THIS APPEAL, BUT NO STEPS HAVE BEEN TAKEN BY THE REVENUE TILL DATE. WE ARE, THEREFORE, OF THE VIEW TH AT : - 2 - : THIS APPEAL OF THE REVENUE IS NOT MAINTAINABLE IN THE LIGHT OF THE AFORESAID CIRCULAR OF CBDT AND THEREFORE, WE DISMISS THE SAME BEING NOT MAINTAINABLE. 3 . IN THE RESULT, THE APPEAL OF THE REVENUE STANDS DISMISSED. ORDER WAS PRONOUNCED IN THE OPEN COUR T ON THE DATE MENT I ONED ON THE CAPTION ED PAGE. SD/ - SD/ - [ A. K. GARODIA ] [ S UNIL KUMAR Y ADAV ] ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 4 TH 1 . APPELLANT FEBR UARY, 2016 JJ: 0102 COPY FORWARDED TO: 2 . RESPONDENT 3 . CIT(A) 4 . CIT 5 . DR ASSISTANT REGISTRAR