Dy. Commissioner of Income tax, Faizabad V. M/S Satya Narayan Tiwari & Others, Faizabad

ITA 712/LKW/2011

• Counselvise Citation: [2014] 120 COUNSELVISE.COM (IT) 5759 (ITAT-LUCKNOW)
• Duration Of Justice: 2 year(s) 3 month(s) 5 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 07-03-2014
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 09-01-2014
• Assessment Year: 1994-1995
• Appeal Filed On: 02-12-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: P K DEY
• Assessee Lawyers: P K KAPOOR
• Keywords: Retrospective amendment; 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. 712 /LKW/201 1 ASSESSMENT YEAR: 1994 - 95 DY. CIT CIRCLE FAIZABAD V. M/S SATYA NARAYAN TI WARI & OTHERS REKABGANJ, FAIZABAD (APPELLANT) (RESPONDENT) APPELLANT BY: SHRI. P. K. DEY , D.R. RESPONDENT BY: SHRI. P. K. KAPOOR , C.A. DATE OF HEARING: 09.01.2014 DATE OF PRONOUNCEMENT: 07.03.2014 O R D E R PER SUNIL KUMAR YADAV : TH IS AP PEAL I S PREFERRED BY THE REVENUE AGAINST THE ORDER OF THE LD. CIT(A) . 2. AT THE VERY OUTSET, THE LEARNED COUNSEL FOR THE ASSESSEE HAS S UBMITTED THAT THE TAX EFFECT INVOLVED IN TH IS APPEAL IS LESS THAN THE PRESCRIBED MONETARY LIMIT, THEREFORE, THE DEPARTM ENT OUGHT NOT TO HAVE FILED TH E S E APPEAL IN VIEW OF THE INSTRUCTIONS ISSUED BY C.B.D.T. 1 . THE LEARNED D. R. DID NOT CONTROVERT THE ABOVE FACT. 2 . IT IS NOTICED THAT SECTION 268A OF THE ACT HAS BEEN INSERTED BY THE FINANCE ACT, 2008 W ITH RETROSPECTIVE EFFECT FROM 1.4.1999 . THE PROVISIONS CONTAINED IN SECTION 268A READ AS UNDER: - : - 2 - : 268A. (1) THE BOARD MAY, FROM TIME TO TIME, ISSUE ORDERS, INSTRUCTIONS OR DIRECTIONS TO OTHER INCOME - TAX AUTHORITIES, FIXING SUCH MONETARY LIMITS AS IT MAY DEEM FIT, FOR THE PURPOSE OF REGULATING FILING OF APPEAL OR APPLICATION FOR REFERENCE BY ANY INCOME - TAX AUTHORITY UNDER THE PROVISIONS OF THIS CHAPTER. (2) WHERE, IN PURSUANCE OF THE ORDERS, INSTRUCTIONS OR DIRECTIONS ISSUED UNDER SUB - SECTION (1), AN INCOME - TAX AUTHORITY HAS NOT F ILED ANY APPEAL OR APPLICATION FOR REFERENCE ON ANY ISSUE IN THE CASE OF AN ASSESSEE FOR ANY ASSESSMENT YEAR, IT SHALL NOT PRECLUDE SUCH AUTHORITY FROM FILING AN APPEAL OR APPLICATION FOR REFERENCE ON THE SAME ISSUE IN THE CASE OF (A) THE SAME ASSESSEE FOR ANY OTHER ASSESSMENT YEAR; OR (B) ANY OTHER ASSESSEE FOR THE SAME OR ANY OTHER ASSESSMENT YEAR. (3) NOTWITHSTANDING THAT NO APPEAL OR APPLICATION FOR REFERENCE HAS BEEN FILED BY AN INCOME - TAX AUTHORITY PURSUANT TO THE ORDERS OR INSTRUCTIONS OR DIRECTI ONS ISSUED UNDER SUB - SECTION (1), IT SHALL NOT BE LAWFUL FOR AN ASSESSEE, BEING A PARTY IN ANY APPEAL OR REFERENCE, TO CONTEND THAT THE INCOME - TAX AUTHORITY HAS ACQUIESCED IN THE DECISION ON THE DISPUTED ISSUE BY NOT FILING AN APPEAL OR APPLICATION FOR REF ERENCE IN ANY CASE. (4) THE APPELLATE TRIBUNAL OR COURT, HEARING SUCH APPEAL OR REFERENCE, SHALL HAVE REGARD TO THE ORDERS, INSTRUCTIONS OR DIRECTIONS ISSUED UNDER SUB - SECTION (1) AND THE CIRCUMSTANCES UNDER WHICH SUCH APPEAL OR APPLICATION FOR REFERENCE W AS FILED OR NOT FILED IN RESPECT OF ANY CASE. : - 3 - : (5) EVERY ORDER, INSTRUCTION OR DIRECTION WHICH HAS BEEN ISSUED BY THE BOARD FIXING MONETARY LIMITS FOR FILING AN APPEAL OR APPLICATION FOR REFERENCE SHALL BE DEEMED TO HAVE BEEN ISSUED UNDER SUB - SECTION (1) AN D THE PROVISIONS OF SUB - SECTIONS (2), (3) AND (4) SHALL APPLY ACCORDINGLY. ] 3 . IT IS NOT IN DISPUTE THAT THE BOARDS INSTRUCTION OR DIRECTIONS ISSUED TO THE I NCOME - TAX A UTHORITIES ARE BINDING ON THOSE AUTHORITIES, THEREFORE, THE DEPARTMENT OUGHT NOT TO HAVE FILED TH IS APPEAL IN VIEW OF THE PROVISIONS OF SECTION 268A OF THE ACT , SINCE THE TAX EFFECT IN THE INSTANT CASE IS LESS THAN THE AMOUNT PRESC RIBED FOR NOT FILING THE APPEAL. ACCORDINGLY, TH IS APPEAL I S DISMISSED. 4 . IN THE RESULT, THE APPEAL OF THE REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 07/03/2014 SD/. SD/. [ A. K. GARODIA ] [ S UNIL KUMAR Y ADAV ] ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 07.03.2014 JJ: 0603 COPY FORWARDED TO: 1 . APPELLANT 2 . RESPONDENT 3 . CIT(A) 4 . CIT 5 . DR ASSISTANT REGISTRAR