The Asstt. Commissioner of Income Tax, Lucknow V. M/s HCBL Co-operative Bank Ltd., Lucknow

ITA 741/LKW/2017

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 3914 (ITAT-LUCKNOW)
• Duration Of Justice: 8 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 10-08-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2013-2014
• Appeal Filed On: 17-11-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: DR A K SINGH
• Keywords: Retrospective amendment; Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL LUCKNOW BENCH B , LUCKNOW BEFORE SHRI. T.S. KAPOOR, ACCOUNTANT MEMBER AND SHRI PARTHA SARATHI CHAUDHURY, JUDICIAL MEMBER ITA NO. 24/L KW /2018 ASSESSMENT YEAR: 2010 - 11 JOINT CIT (OSD) - 6 KANPUR V. KOTHARI PRODUCTS L TD., KANPUR. T AN /PAN : AAACK5571F (APP ELL ANT) (RESPONDENT) APPELLANT BY: DR. A. K. SINGH, CIT(DR) RESPONDENT BY: SHRI ABHINAV MEHROTRA, ADVOCATE ITA NO. 28/LKW/2018 ASSESSMENT YEAR: 2012 - 13 INCOME TAX OFFICER SIDDHARTH NAGAR V. SH. RAVINDRA PRAT AP CHAUDHARY, BALRAMPUR. T AN /PAN : BAZPP8970Q (APP ELL ANT) (RESPONDENT) APPELLANT BY: DR. A. K. SINGH, CIT(DR) RESPONDENT BY: NONE ITA NO. 738/LKW/2017 ASSESSMENT YEAR: 2013 - 14 INCOME TAX OFFICER 1(2) LUCKNOW V. SH. KISHORE KUMAR, LUCKNOW. T AN /PAN : ANBPK5489R (APP ELL ANT) (RESPONDENT) APPELLANT BY: DR. A. K. SINGH, CIT(DR) RESPONDENT BY: NONE ITA NO. 741/LKW/2017 ASSESSMENT YEAR: 2013 - 14 ACIT CIRCLE 3 LUCKNOW V. M/S. HCBL CO - OP. BANK LTD., LUCKNOW. T AN /PAN : AAAAH1084N (APP ELL ANT) (R ESPONDENT) APPELLANT BY: DR. A. K. SINGH, CIT(DR) RESPONDENT BY: SHRI DEVASHISH MEHROTRA, ADVOCATE 8 DEPTT. APPEALS 2 ASSESSEES COS PAGE 2 OF 5 C.O. NO.02/LKW/2018 [IN ITA NO. 741/LKW/2017 ] ASSESSMENT YEAR: 2013 - 14 M/S. HCBL CO - OP. BANK LTD., LUCKNOW. V. ACIT CIRCLE 3 LUCKNOW T AN /PAN : AAAAH108 4N ( CROSS - OBJECTOR ) (RESPONDENT) ASSESSEE BY: SHRI DEVASHISH MEHROTRA, ADVOCATE DEPARTMENT BY: DR. A. K. SINGH, CIT(DR) ITA NO. 515/LKW/2017 ASSESSMENT YEAR: 2014 - 15 INCOME TAX OFFICER 5(3) KANPUR V. ANOOP KUMAR DWIVEDI, KANPUR. T AN /PAN : AAPP D1640N (APP ELL ANT) (RESPONDENT) APPELLANT BY: DR. A. K. SINGH, CIT(DR) RESPONDENT BY: SHRI RAKESH GARG, ADVOCATE C.O. NO.11/LKW/2018 [IN ITA NO. 515/LKW/2017] ASSESSMENT YEAR: 2014 - 15 ANOOP KUMAR DWIVEDI, KANPUR. V. INCOME TAX OFFICER 5(3) KANPU R T AN /PAN : AAPPD1640N (APP ELL ANT) (RESPONDENT) ASSESSEE BY: SHRI RAKESH GARG, ADVOCATE DEPARTMENT BY: DR. A. K. SINGH, CIT(DR) ITA NO. 529/LKW/2017 ASSESSMENT YEAR: 2013 - 14 ACIT RANGE I LUCKNOW V. SH. RAJESH KUMAR SINGH, LUCKNOW. T AN /PAN : AGZ PS4969B (APP ELL ANT) (RESPONDENT) APPELLANT BY: DR. A. K. SINGH, CIT(DR) RESPONDENT BY: SHRI S.C. AGARWAL, ADVOCATE 8 DEPTT. APPEALS 2 ASSESSEES COS PAGE 3 OF 5 ITA NO. 12/LKW/2016 ASSESSMENT YEAR: 2009 - 10 ACIT CENTRAL CIRCLE II LUCKNOW V. SH. UDAY CHAND CHAURASIA, LUCKNOW. T AN /PAN : A DCPC24 61J (APP ELL ANT) (RESPONDENT) APPELLANT BY: DR. A. K. SINGH, CIT(DR) RESPONDENT BY: SHRI ABHINAV MEHROTRA , ADVOCATE ITA NO. 555/LKW/2012 ASSESSMENT YEAR: 2002 - 03 DCIT CENTRAL CIRCLE II LUCKNOW V. SH. SANJEEV MISHRA, LUCKNOW. T AN /PAN : ADFPM6670E (APP ELL ANT) (RESPONDENT) APPELLANT BY: DR. A. K. SINGH, CIT(DR) RESPONDENT BY: NONE DATE OF HEARING: 02 08 2018 DATE OF PRONOUNCEMENT: 10 08 2018 O R D E R PER BENCH : THIS BUNCH OF 8 APPEALS PREFERRED BY THE REVENUE EMANATES FROM SEPARATE ORDER S PASSED BY THE LD. CIT(A) IN THE CASES OF DIFFERENT ASSESSEES. IN TWO OF THE CASES, ASSESSEES HAVE ALSO FILED CROSS OBJECTIONS, WHICH ARE IN SUPPORT OF THE ORDERS OF THE LD. CIT(A). 2. O N A CAREFUL PERUSAL OF THE GROUNDS RAISED IN THESE APPEALS, WE FIND THAT THE TAX EFFECT INVOLVED IN TH ESE APPEAL S IS LESS THAN RS.20,00,000/ - , THEREFORE, IN VIEW OF THE CIRCULAR NO. 3/2018 ISSUED BY THE CBDT AND THE PROVISIONS CONTAINED IN SECTION 268A OF THE INCOME 8 DEPTT. APPEALS 2 ASSESSEES COS PAGE 4 OF 5 TAX ACT, 1961 (HEREINAFTER TO BE REFERRED AS THE ACT), TH E DEPARTMENT IS BOUND TO WITHDRAW THE SE APPEAL S . 3 . T HE LD. D.R., ALTHOUGH SUPPORTED THE ORDER S OF THE ASSESSING OFFICER, BUT COULD NOT CONTROVERT THIS FACT THAT TAX EFFECT IN TH ESE APPEAL S IS LESS THAN RS.20,00,000/ - . 4 . AFTER CONSIDERING THE SUBMISSIONS OF BOTH THE PARTIES AND THE MATERIAL AVAILABLE ON RECORD, IT IS NOTICED THAT SECTION 268A HAS BEEN INSERTED BY THE FINANCE ACT, 2008 WITH RETROSPECTIVE EFFECT FROM 01/04/99. THE SAID SECTION 268 OF THE ACT PROVIDES THAT THE BOARD MAY ISSUE INSTRUCTION OR DIRECTIONS TO THE OTHER INCOME - TAX AUTHORITIES FIXING MONETARY LIMITS FOR NOT FILING THE APPEALS BEFORE THE APPELLATE TRIBUNAL OR THE COURTS, SAID INSTRUCTIONS/DIRECTIONS ARE BINDING ON THE INCOME TAX AUTHORITIES. 5 . IT IS NOTICED THAT THE CBDT HAS ISSUED CIRCULAR NO. 3 OF 2018 DATED 11.07.2018, VIDE WHICH IT HAS REVISED THE MONETARY LIMIT TO RS.20,00,000/ - FOR NOT FILING THE APPEAL BEFORE THE TRIBUNAL . 6 . FROM CLAUSE 12 & 13 OF THE SAID CIRCULAR, IT IS CLEAR THAT THESE INSTRUCTIONS ARE APPLICABLE TO THE PE NDING APPEALS ALSO AND AS PER CLAUSE 13, THERE IS CLEAR CUT INSTRUCTION TO THE D EPARTMENT TO WITHDRAW OR NOT TO PRESS THE APPEALS FILED BEFORE THE ITAT WHEREIN TAX EFFECT IS LESS THAN RS.20,00,000/ - . THESE INSTRUCTIONS ARE OPERATIVE RETROSPECTIVELY TO THE PENDING APPEALS. 7 . KEEPING IN VIEW THE CBDT CIRCULAR NO. 3 OF 2018 DATED 11.07.2018 AND ALSO THE PROVISIONS OF SECTION 268A OF INCOME TAX ACT, 1961, WE ARE OF THE VIEW THAT THE REVENUE SHOULD HAVE WITHDRAWN THE INSTANT APPEAL S FILED BEFORE THE TRIBUNAL. ACCORDINGLY, ALL THE APPEAL S OF THE REVENUE ARE DISMISSED. 8 DEPTT. APPEALS 2 ASSESSEES COS PAGE 5 OF 5 8. SINCE THE CROSS OBJECTIONS FILED BY THE ASSESSEES ARE IN SUPPORT OF THE ORDER OF THE LD. CIT(A), THE SAME HAVE BECOME INFRUCTUOUS AND LIABLE TO BE DISMISSED. 9. IN THE RESULT, ALL THE APPEALS O F THE REVENUE AND CROSS OBJECTIONS OF THE ASSESSEE ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 10 / 0 8 / 201 8 . SD/ - SD/ - [ T.S. KAPOOR ] [PARTHA SARATHI CHAUDHURY ] ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 10 TH AUGUST , 201 8 JJ: 0308 COPY FORWARD ED TO: 1 . APPELLANT 2 . RESPONDENT 3 . CIT(A) 4 . CIT 5 . DR