ITO, Kanpur V. Smt. Reema Gupta, Kanpur

ITA 698/LKW/2010

• Counselvise Citation: [2011] 134 COUNSELVISE.COM (IT) 9167 (ITAT-LUCKNOW)
• Duration Of Justice: 1 month(s) 24 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 20-01-2011
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 20-01-2011
• Assessment Year: 2006-2007
• Appeal Filed On: 26-11-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: P K B AJAJ
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, B - BENCH, LUCKNOW. BEFORE SHRI H.L.KARWA, HON'BLE VICE PRESIDENT AND SHRI N.K.SAINI, ACCOUNTANT MEMBER I.T.A.NO.698(LKW.)/2010 A.Y.: 2006-07 THE ITO 3(3), VS. SMT. REEMA GUPTA, KANPUR. PROP. M/S. KANIKA, 3/107, VISHNU PURI, KANPUR. PAN AASPG0171E (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI P.K.BAJAJ, D.R. RESPONDENT BY : SHRI RAKESH GARG, ADVOCATE O R D E R PER H.L.KARWA, VICE PRESIDENT THIS APPEAL FILED BY THE REVENUE IS DIRECTED AGAIN ST THE ORDER OF THE CIT(A)-II, KANPUR DATED 13.8.2010 RELATING TO ASSES SMENT YEAR 2006-07. 2. AFTER HEARING THE LD. REPRESENTATIVES OF BOTH THE PARTIES, WE FIND THAT IN REVENUES APPEAL TAX EFFECT IS LESS THAN RS.2 LA CS AND ADMITTEDLY, THE APPEAL WAS FILED ON 26.11.2010. IT IS NOTICED THAT THE C.B.D.T. HAS ISSUED INSTRUCTION NO.5 OF 2008 DATED 15.5.2008, BY WHICH THE C.B.D.T. HAS REVISED THE MONETARY LIMIT TO RS.2 LACS FOR FILING THE APPE ALS BEFORE THE TRIBUNAL. KEEPING IN VIEW THE C.B.D.T. INSTRUCTION NO.5 OF 20 08 DATED 15.5.2008, WE ARE OF THE VIEW THE REVENUE SHOULD NOT HAVE FILED T HIS APPEAL BEFORE THE TRIBUNAL AFTER THE DATE OF ISSUANCE OF THE AFORESAI D INSTRUCTION. RECENTLY, THE 2 HON'BLE GUJARAT HIGH COURT IN THE CASE OF CIT V. CO NCORD PHARMACEUTICALS (2008) 220 CTR GUJARAT 117 HAS UPHELD THE ORDERS OF I.T.A.T. AHMEDABAD BENCHES DISMISSING THE APPEALS OF THE REVENUE ON TH E GROUND THAT TAX EFFECT WAS LESS THAN THE LIMIT SPECIFIED IN THE CIRCULARS ISSUED BY THE C.B.D.T. FROM TIME TO TIME. 3. IN VIEW OF THE ABOVE, WITHOUT GOING INTO THE MER ITS OF THE CASE, WE DISMISS THE APPEAL FILED BY THE REVENUE. 4. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISM ISSED. THE ORDER WAS PRONOUNCED IN THE OPEN COURT ON 20.1 .2011. SD. SD. (N.K.SAINI) (H.L.KARWA) ACCOUNTANT MEMBER VICE PRESIDENT JANUARY 20TH ,2011. COPY TO THE : 1. APPELLANT 2. RESPONDENT 3. CIT(A) (4) CIT 5.DR. A.R.,ITAT, LUCKNOW. SRIVASTAVA.