Income Tax Officer, Bareilly V. Bareilly Development Authority, Bareilly

ITA 721/LKW/2015

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 4787 (ITAT-LUCKNOW)
• Duration Of Justice: 2 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 03-02-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2011-2012
• Appeal Filed On: 03-12-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SHARAD KUMAR MISHRA
• Keywords: Tax effect

Judgement Text

1 IN THE INCOME TAX APPELLATE TRIBUNAL LUCKNOW BENCH B, LUCKNOW BEFORE SHRI SUNIL KUMAR YADAV, JUDICIAL MEMBER AND SHRI A.K. GARODIA, ACCOUNTANT MEMBER ITA NOS.721/LKW/2015 ASSESSMENT YEAR 2011-12 BAREILLY DEVELOPMENT AUTHORITY, PRIYADARSHINI NAGAR, BAREILLY PAN AAALB 0169 K VS INCOME TAX OFFICER, WARD-1(1) BAREILLY (RESPONDENT) (APPELLANT) SHRI AMIT NIGAM, DR APPELLANT BY SHRI SHARAD KUMAR MISHRA, CA RESPONDENT BY 19/01/2016 DATE OF HEARING 03/02/2016 DATE OF PRONOUNCEMENT O R D E R PER A.K. GARODIA, AM. 1. THIS APPEAL IS PREFERRED BY THE REVENUE AGAINST THE ORDER OF LD. CIT(A), BAREILLY. DURING THE COURSE OF HEARING, LD. COUNSEL FOR THE ASSESSEE HAS INVITED OUR ATTENTION TO THE CIRCULAR OF THE CB DT BEARING NO. 21 OF 2015 DATED 10 TH DECEMBER, 2015 IN WHICH THE CBDT HAS TAKEN A DECIS ION TO WITHDRAW ALL THE APPEALS FILED BY THE REVENUE IN WH ICH TAX EFFECT INVOLVED IS LESS THAN RS.10 LAC. 2. ON A CAREFUL PERUSAL OF THE GROUNDS OF APPEAL, R AISED IN THIS APPEAL, WE FIND THAT THE TAX EFFECT INVOLVED IN THIS APPEAL IS LESS THAN RS.10 LAC 2 THEREFORE, THIS APPEAL OF THE REVENUE IS NOT MAINTA INABLE IN VIEW OF THE AFORESAID CIRCULAR OF CBDT. THOUGH THE REVENUE WAS DIRECTED BY THE BOARD TO WITHDRAW THIS APPEAL BUT NO STEPS HAVE BEEN TAKE N BY THE REVENUE TILL DATE. WE, THEREFORE, ARE OF THE VIEW THAT THIS APP EAL 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 COURT ON THE DAT E MENTIONED ON THE CAPTION PAGE) SD/- SD/- (SUNIL KUMAR YADAV) (A.K. GARODIA) JUDICIAL MEMBER ACCOUNTANT MEMBE R DATED:03 /02/2016 AKS COPY OF THE ORDER FORWARDED TO : 1.THE APPELLANT 2.THE RESPONDENT. 3.CONCERNED CIT 4.THE CIT(A) 5.D.R., I.T.A.T., LUCKNOW ASSTT. REGI STRAR