Income Tax Officer-3(4), Lucknow V. M/s Satya Narain Distributor, Lucknow

ITA 939/LKW/2014

• Counselvise Citation: 93923714 RSA 2014
• Duration Of Justice: 11 month(s) 13 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 14-12-2015
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 19-10-2015
• Assessment Year: 2010-2011
• Appeal Filed On: 31-12-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Depreciation; Tax effect

Judgement Text

1 IN THE INCOME TAX APPELLATE TRIBUNAL LUCKNOW BENCH A, LUCKNOW BEFORE SHRI SUNIL KUMAR YADAV, JUDICIAL MEMBER AND SHRI A.K. GARODIA, ACCOUNTANT MEMBER ITA NO.939/LKW/2014 ASSESSMENT YEAR 2010-11 M/S SATYA NARAIN DISTRIBUTOR, 3/423, T.C. CIVIL LINES NEW HYDERABAD, LUCKNOW. PAN ABMFS 6434 P VS INCOME TAX OFFICER 3(4), RANGE-3, LUCKNOW (RESPONDENT) (APPELLANT) SHRI RAJNISH YADAV, DR APPELLANT BY S HRI ABHINAV MEHROTRA, ADVOCATE RESPONDENT BY 15/10/2015 DATE OF HEARING 14/12/2015 DATE OF PRONOUNCEMENT O R D E R PER A. K. GARODIA, A.M. THIS IS REVENUES APPEAL DIRECTED AGAINST THE ORDER OF LD. CIT (A)-I, LUCKNOW DATED 01.10.2014 FOR THE AY 2010-11. 2. THE GROUNDS RAISED BY THE REVENUE ARE AS UNDER: 1 (I) THE LD. CIT (APPEAL) ERRED IN LAW AND ON FACTS IN DELETING THE DISALLOWANCE OF DEPRECIATION AMOUNTING TO RS. 6,53, 4587- MADE ON VEHICLE. (II) THAT LD. CIT(APPEALS) HAS ERRED ON LAW AND ON FACTS IN DELETING THE ADDITION OF RS.7,70,181/- OUT OF RS.8,30,379/- MADE ON ACCOUNT OF OUTSTANDING CREDIT BALANCES WITHOUT GIVI NG AN OPPORTUNITY TO THE A.O. IN CONTRAVENTION TO RULE 46 A OF THE INCOME TAX RULES. 2 3. THIS APPEAL WAS HEARD ON 16.10.2015 BUT THE SAME IS PENDING ON TODAY I.E. 14.10.2015. IN THE MEANTIME, CBDT HAS REVISED ITS I NSTRUCTIONS ON 10.12.2015 AS PER WHICH, NO APPEAL SHOULD BE FILED BY THE DEPARTM ENT BEFORE THE TRIBUNAL IF THE TAX EFFECT IS BELOW RS. 10 LACS. THESE INSTRUCTIONS ARE SPECIFICALLY MADE APPLICABLE TO PENDING APPEALS ALSO. HENCE, THIS APPEAL IS ALSO HIT BY THESE REVISED INSTRUCTIONS AND SINCE, TAX EFFECT IN THE PRESENT CASE IS BELOW RS. 10 LACS, THIS APPEAL IS DISMISSED AS NOT ADMISSIBLE BECAUSE OF LOW TAX EFFE CT AS PER REVISED BOARD INSTRUCTIONS DATED 10.12.2015. 4. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISM ISSED. (ORDER WAS PRONOUNCED IN THE OPEN COURT ON THE DATE MENTIONED ON THE CAPTION PAGE) SD/- SD/- (SUNIL KUMAR YADAV) (A.K. GAROD IA ) JUDICIAL MEMBER ACCOUNTANT MEMBE R DATED: 14/12/2015 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. REGISTRAR