Astt. Commissioner of Income Tax, Lucknow V. Shri Madhav Prasad Agarwal,

ITA 678/LKW/2015

• Counselvise Citation: [2016] 131 COUNSELVISE.COM (IT) 4044 (ITAT-LUCKNOW)
• Duration Of Justice: 9 month(s) 5 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 11-08-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 09-08-2016
• Assessment Year: 2012-2013
• Appeal Filed On: 06-11-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL LUCKNOW BENCH A , LUCKNOW BEFORE SHRI. P . K. BANSAL , ACCOUNTANT MEMBER AND SHRI ABY T VARKEY , JUDICIAL MEMBER ITA NO. 678/LKW/2015 ASSESSMENT YEAR: 2012 - 13 ACIT CENTRAL CIRCLE II LUCKNOW V. SHRI MADHAV PRASAD AGARWAL PROP. M/S K.D. JEWELLERS 115, SHRI RADHA BRIJMOHAN MANDIR LOHIA BAZAR, VRIDAVAN, MADHURA T AN /PAN : AAVPA2957K (APP ELL ANT) (RESPONDENT) APPELLANT BY: SHRI AMIT NIGAM, D.R. RESPONDENT BY: NONE DATE OF HEARING: 09 08 2016 DATE OF PRONOUNCEMENT : 11 08 2016 PER ABY T VARKEY, J.M : O R D E R THIS APPEAL IS PREFERRED BY THE REVENUE AGAINST THE ORDER OF THE LD. CIT(A) DATED 14.9.2015 FOR THE ASSESSMENT YEAR 2012 - 13. 2. WE N OTED THAT IN THIS CASE THE TAX EFFECT ON THE INCOME UNDER DISPUTE IS LESS THAN RS.10 LA KHS . WE FURTHER NOTE D THAT THE CENTRAL BOARD OF DIRECT TAXES VIDE CIRCULAR NO. 21/2015 DATED 10 TH DECEMBER, 2015 F. N O.279 / MISC. 142/2007 ITJ (P T ) HAS ISSUED THE DIRECTION IN SUPERSESSION OF THE INSTRUCTION NO.5/2014 DATED 10.07.2014 IN PURSUANCE WITH THE POWER E NT RU STED U/S.268A OF THE INCOME TAX ACT THAT NO APPEAL SHOULD BE FILED BEFORE THIS TRIBUNAL IN CASE TAX EFFECT DOES NOT EXCEED RS.10 LAKHS . THIS CIRCULAR FURTHER STATES THAT TAX WILL NOT INCLUDE ANY INTEREST THEREON , EXCEPT WHERE THE CHAR GEABILITY OF INTEREST ITSELF IS IN DISPUTE. WE FURTHER NOTED THAT UNDER PARAGRAPH 10 , WHICH IS REPRODUCED AS UNDER, IT HAS BEEN MENTIONED IN THE CIRCULAR THAT THIS INSTRUCTION WILL AP PLY EVEN TO THE PENDING APPEALS: - [ ITA NO.678/ LKW/2015, A.Y. 2012 - 13 ] 2 10. THIS INSTRUCTION WILL APPLY RETRO SPECTIVELY TO PENDING APPEALS AND APPEALS TO BE FILED HENCEFORTH IN HIGH COURTS/TRIBUNALS. PENDING APPEALS BELOW THE SPECIFIED TAX LIMITS IN PARA 3 ABOVE MAY BE WITHDRAWN/NOT PRESSED. APPEALS BEFORE THE SUPREME COURT WILL BE GOVERNED BY THE INSTRUCTIONS ON THIS SUBJECT, OPERATIVE AT THE TIME WHEN SUCH APPEAL WAS FILED. 3. IN THE IMPUGNED CASE, WE NOTED THAT THE TAX EFFECT ON THE ISSUE S UNDER DISPUTE DOES NOT EXCEED RS.10 LA KHS . IN VIEW OF THIS FACT , AS PER THE INSTRUCTION, THE REVENUE IS NOT SUPPOSED TO P RESS THE APPEAL. WE, THEREFORE, DISMISS THE APPEAL FILED BY THE REVENUE IN LIMINE WITHOUT GOING INTO THE MERITS OF THE CASE , AS IN OUR OPINION THE CIRCULAR ISSUED BY CBDT ARE BINDING ON THE D EPARTMENTAL O FFICERS IN VIEW OF THE PROVISION S OF SECTION 268A(1) OF THE ACT. THE SAID VIEW HAS BEEN TAKEN BY HONBLE SUPREME COURT IN THE CASE OF NAVNEET LAL ZAVERI VS. AAC 56 ITR 198 (SC). WE ACCORDINGLY DISMISS THE APPEAL FILED BY THE REVENUE. 5. IN THE RESULT, APPEAL OF THE REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 11.8.2016. SD/ - SD/ - [P. K. BANSAL ] [ ABY T VARKEY ] ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 11 TH 1 . APPELLANT AUGUST , 2016 JJ: 0908 COPY FORWARDED TO: 2 . RESPONDENT 3 . CIT(A) 4 . CIT 5 . DR ASSISTANT REGISTRAR