ITO, Shivpuri V. Shri Jagdish Prasad Gupta, Shivpuri

ITA 65/AGR/2010

• Counselvise Citation: [2011] 134 COUNSELVISE.COM (IT) 6986 (ITAT-AGRA)
• Duration Of Justice: 1 year(s) 3 month(s) 10 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 29-06-2011
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 29-06-2011
• Assessment Year: 2001-2002
• Appeal Filed On: 19-03-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: MANUJ SHARMA
• Keywords: Tax effect
• Section: 268A; 144

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.65/AGR/2010 ASST. YEAR: 2001-02 INCOME TAX OFFICER, VS. SHRI JAGADISH PRASAD GUP TA, SHIVPURI. PROP. M/S SHIVDAYAL SHYAM LAL BANMORE KALAN DISTT. SHIVPURI (M.P.) (PAN : AKQPG 3592 H). (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI VINOD KUMAR, JR. D.R. RESPONDENT BY : SHRI MANUJ SHARMA, ADVOCATE ORDER PER H.S. SIDHU, J.M. : THIS APPEAL HAS BEEN FILED BY THE REVENUE AGAINST T HE ORDER OF THE CIT(A), GWALIOR DATED 22.01.2010 ON THE FOLLOWING GROUNDS : - 1. ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CA SE THE CIT(A) HAS ERRED IN CANCELLING THE ASSESSMENT ORDER PASSED BY THE ASSESSING OFFICER MADE U/S 144 OF THE INCOME TAX ACT, 1961. 2. THE APPELLANT RESERVES HIS RIGHT TO ADD, AMEND O R ALTER THE GROUNDS OF APPEAL ON OR BEFORE THE DATE, THE APPEAL IS FINALLY HEARD FOR DISPOSAL. 2 2. AT THE TIME OF HEARING, THE LD. COUNSEL FOR THE ASSESSEE STATED THAT THE TAX EFFECT IN THE PRESENT APPEAL IS LESS THAN ` 2,00,000/-, THE SAME IS, THEREFORE, NOT MAINTAINABLE. THE LD. DEPARTMENTAL REPRESENTATIVE HAS CONCEDED TO THE STATEMENT OF THE LD. COUNSEL FOR THE ASSESSEE AND HAS NOT RAI SED ANY OBJECTION. 3. WE HAVE HEARD BOTH THE PARTIES AND NOTED THAT TH E TAX EFFECT IN THE PRESENT APPEAL FILED BY THE REVENUE AGAINST THE ORDER OF TH E CIT(A) IS LESS THAN ` 2,00,000/- AND THE SAME IS IN CONTRAVENTION OF C.B.D.T. INSTRU CTION NO.5 OF 2008 DATED 15.05.2008 WHICH FINDS STATUTORY FORCE UNDER THE PR OVISIONS OF SECTION 268A OF THE INCOME-TAX ACT, 1961. THE SAME IS, THEREFORE, NOT MAINTAINABLE. 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 E FFECT EXCEEDS ` 2,00,000/-. THEREFORE, IN THE FACTS AND CIRCUMSTANCES OF THE PR ESENT CASE, THE APPEAL FILED BY THE REVENUE IS NOT MAINTAINABLE AND THE SAME IS DIS MISSED AS NOT MAINTAINABLE. 4. IN THE RESULT, APPEAL FILED BY THE REVENUE IS DI SMISSED. (ORDER PRONOUNCED IN THE OPEN COURT ON 29.06.2011 ). SD/- SD/- (P.K. BANSAL) (H.S. SIDHU) ACCOUNTANT MEMBER JUDICIAL MEMBER PLACE: AGRA DATE: 29 TH JUNE, 2011 3 PBN/* COPY OF THE ORDER FORWARDED TO: 1. APPELLANT 2. RESPONDENT BY ORDER 3. CIT CONCERNED 4. CIT (APPEALS) CONCERNED 5. DR, ITAT, AGRA BENCH, AGRA 6. GUARD FILE ASSISTANT REGISTRAR INCOME-TAX APPELLATE TRIBUNAL, AGRA TRUE COPY