Dy. Commissioner of Income Tax, Lucknow V. Shri Sanjeev Malhotra, Lucknow

ITA 770/LKW/2015

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 4674 (ITAT-LUCKNOW)
• Duration Of Justice: 2 month(s) 16 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 03-03-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2008-2009
• Appeal Filed On: 18-12-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ROHIT BHALLA F
• Keywords: Tax effect

Judgement Text

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 NO.770/LKW/2015 ASSESSMENT YEAR:2008-09 SHRI SANJEEV MALHOTRA, PROP. INTERNATIONAL SUBSCRIPTION AGENCY FLAT NO. 2, NIRALA MARKET, NIRALA NAGAR, LUCKNOW. PAN:ADZPM9271D VS DY.C.I.T., RANGE-4, LUCKNOW. (RESPONDENT) (APPELLANT) SHRI AMIT NIGAM, DR APPELLANT BY SHRI ROHIT BHALLA, F.C.A. RESPONDENT BY 01/02/2016 DATE OF HEARING 03/03/2016 DATE OF PRONOUNCEMENT O R D E R PER A.K GARODIA,A.M.: THIS IS AN ASSESSEES APPEAL DIRECTED AGAINST THE ORDER PASSED BY LEARNED CIT(A)-II, LUCKNOW DATED 09/09/2015 FOR THE ASSESSMENT YEAR 2008-09. 2. AT THE VERY OUTSET, LEARNED COUNSEL FOR THE ASSE SSEE HAS INVITED OUR ATTENTION TO THE CIRCULAR OF CBDT BEARING NO. 2 1 OF 2015 DATED 10 TH DECEMBER, 2015 IN WHICH THE CBDT HAS TAKEN A DECISI ON TO WITHDRAW ALL THE APPEALS FILED BY THE REVENUE IN WHICH TAX EFFEC T INVOLVED IS LESS THAN RS.10 LAC, WITH THE SUBMISSION THAT IN THE LIGHT OF THE CIRCULAR/INSTRUCTION OF CBDT, THIS APPEAL OF THE REVENUE BE DISMISSED. 2. ON A CAREFUL PERUSAL OF THE GROUNDS OF APPEAL, WE FIND THAT THE TAX EFFECT INVOLVED IN THIS APPEAL IS LESS THAN RS.10 L AC THEREFORE, THIS APPEAL OF THE REVENUE IS NOT MAINTAINABLE IN VIEW OF THE AFOR ESAID CIRCULAR OF CBDT. THOUGH THE REVENUE WAS DIRECTED BY THE BOARD TO WITHD RAW THIS APPEAL BUT NO STEPS HAVE BEEN TAKEN BY THE REVENUE TILL DATE. WE, THEREFORE, ARE OF THE VIEW THAT THIS APPEAL OF THE REVENUE IS NOT MAI NTAINABLE IN THE LIGHT OF THE AFORESAID CIRCULAR OF CBDT AND THEREFORE, WE DIS MISS 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 MEMBER DATED:03/03/2016 *SINGH 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. REG ISTRAR