Income Tax Officer-1(3), Lucknow V. Shri Ravindra Kumar, Lucknow

ITA 764/LKW/2015

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 4609 (ITAT-LUCKNOW)
• Duration Of Justice: 2 month(s) 30 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 15-03-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 24-02-2016
• Assessment Year: 2011-2012
• Appeal Filed On: 16-12-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: RAKESH MISHRA
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL LUCKNOW BENCH A , LUCKNOW BEFORE SHRI S UNIL KUMAR YADAV , JUDICIAL MEMBER AND SHRI. A. K. GARODIA , ACCOUNTANT MEMBER ITA NO. 764/LKW/2015 ASSESSMENT YEAR: 2011 - 12 INCOME TAX OFFICER 1(3) LUCKNOW V. SHRI. RAVINDR A KUMAR PROP. M/S JANTA AUTOMOBILES FAIZABAD ROAD LUCKNOW T AN /PAN : AFCPK1518G (APP ELL ANT) (RESPONDENT) APP ELL ANT BY: SHRI. AMIT NIGAM, D.R. RESPONDENT BY: SHRI. RAKESH MISHRA, ADVOCATE DATE OF HEARING: 24 02 201 6 DATE OF PRONOUNCEMENT: 15 03 201 6 O R D E R PER SUNIL KUMAR YADAV: THIS APPEAL IS PREFERRED BY THE REVENUE AGAINST THE ORDER OF THE LD. CIT(A) ON THE FOLLOWING GROUND: - 1. THAT THE CIT(A) HAS ERRED IN LAW AND ON FACTS OF THE CASE, IN AS MUCH AS THE ASSESEE HAD CLAIMED IMPROVEMENT CO ST AT RS. 37,96,050/ - , WHILE DURING VERIFICATION UNDER, REMAND REPORT, INVESTMENT OF RS. 21,99,580/ - ONLY WAS CONFIRMED BY THE ASSESSING OFFICER. HOWEVER THE CIT(A) HAS ACCEPTED THE CLAIM OF ASSESSEE WITHOUT SUFFICIENT GROUND. THUS AN ADDITIONAL RELIEF OF RS . 15, 96,200/ - HAS BEEN ALLOWED BY CIT(A). 2 . AT THE OUTSET, THE LD. COUNSEL FOR THE ASSESSEE HAS SUBMITTED THAT THE TAX EFFECT INVOLVED IN THIS APPEAL IS LESS THAN RS.10 LAKHS, THEREFORE, THIS APPEAL OF THE REVENUE IS NOT MAINTAINABLE IN VIEW OF THE CIRCULAR OF THE CBDT BEARING NO. 21 OF 2015 DATED 10 TH DECEMBER, 2015, : - 2 - : IN WHICH THE CBDT HAS TAKEN A DECISION TO WITHDRAW ALL THE APPEALS FILED BY THE REVENUE, IN WHICH TAX EFFECT INVOLVED IS LESS THAN RS.10 LAKHS. THOUGH THE REVENUE WAS DIRECTED BY THE BOARD TO WITHDRAW THIS APPEAL, BUT NO STEPS HAVE BEEN TAKEN BY THE REVENUE TILL DATE. WE ARE, THEREFORE, OF THE VIEW THAT THIS APPEAL OF THE REVENUE IS NOT MAINTAINABLE IN THE LIGHT OF THE AFORESAID CIRCULAR OF CBDT AND THEREFORE, WE DISMISS THE SAME BEING NOT MAI NTAINABLE. 3 . IN THE RESULT, THE APPEAL OF THE REVENUE STANDS DISMISSED. ORDER WAS PRONOUNCED IN THE OPEN COURT ON THE DATE MENT I ONED ON THE CAPTION ED PAGE. SD/ - SD/ - [ A. K. GARODIA ] [ S UNIL KUMAR Y ADAV ] ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 15 TH 1 . APPELLANT MARCH , 2016 JJ: 2502 COPY FORWARDED TO: 2 . RESPONDENT 3 . CIT(A) 4 . CIT 5 . DR ASSISTANT REGISTRAR