Joint Commissioner of Income Tax (OSD) O/o, Deputy Commissioner of Income Tax, Central Circle-1, Kanpur V. Sunil Kumar Jaiswal, Unnao

ITSSA 271/LKW/2018

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 2657 (ITAT-LUCKNOW)
• Duration Of Justice: 1 year(s) 1 month(s) 25 day(s)
• Appeal Type: Income Tax (Search & Seizure) Appeal
• Pronouncement Date: 07-06-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2014-2015
• Appeal Filed On: 12-04-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: A K BAR
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL LUCKNOW BENCH A , LUCKNOW BEFORE SHRI. A. D. JAIN, VICE PRESIDENT AND SHRI T. S. KAPOOR, ACCOUNTANT MEMBER IT (SS) A NO. 271/LKW/2018 ASSESSMENT YEAR: 2014 - 15 JOINT CIT (OSD) KANPUR V. SHRI SUNIL KUMAR JAISWAL 8/27 6, OPPOSITE THANA GANGAGHAT UNNAO T AN /PAN : ABBPK9365J (APP ELL ANT) (RESPONDENT) APPELLANT BY: SHRI A. K. BAR, CIT (DR) RESPONDENT BY: SHRI ASHISH JAISWAL, ADVOCATE DATE OF HEARING: 06 0 6 201 9 DATE OF PRONOUNCEMENT: 07 0 6 201 9 O R D E R PER A. D. JAIN, V.P . : THIS IS REVENUES APPEAL AGAINST THE ORDER OF THE LD. CIT(A) - IV, KANPUR, DATED 22/1/2018, FOR THE ASSESSMENT YEAR 2014 - 15. 2 . AT THE OUTSET, THE LD. A.R. OF THE ASSESSEE SUBMITTED THAT IN THE APPEAL FILED BY THE REVENUE , THE TAX EFFECT ON THE I NCOME IN DISPUTE IS LESS THAN RS.20 LA KH S. 3 . THE CENTRAL BOARD OF DIRECT TAXES, VIDE CIRCULAR NO. 3/2018 DATED 11TH JULY, 2018 FILE NO.279 OF MISC.142/2007 - ITJ (PT), HAS ISSUED THE DIRECTION IN SUPE RSESSION OF THE INSTRUCTION NO. 21/2015 DATED 10 TH DECEMBER, 2015 IN CONSONANCE WITH THE POWER ENTRUSTED UNDER SECTION 268A OF THE INCOME TAX ACT, 1961 THAT NO APPEAL SHOULD BE FILED BEFORE TH E TRIBUNAL IN CASE THE TAX EFFECT DOES NOT EXCEED RS.20 LA KHS . THE 'TAX EFFECT' IN THIS REGARD MEANS THE DIFFERENCE BETWEEN THE TAX ON THE TOTAL INCOME ASSESSED AND THE TAX THAT WOULD HAVE BEEN CHARGEABLE, HAD ITA NO.271/LKW/2018 PAGE 2 OF 3 SUCH TOTAL INCOME BEEN REDUCED BY THE AMOUNT OF INCOME IN RESPECT OF ISSUES AGAINST WHICH APPEAL IS INTENDED TO BE FILED. THIS CIRCULAR FURTHER STATES THAT TAX WILL NOT I NCLUDE ANY INTEREST THEREON, UNLESS THE CHARGEABILITY OF INTEREST ITSELF IS IN DISPUTE. IN PARAGRAPH 13, WHICH IS REPRODUCED AS UNDER, IT HAS BEEN MENTIONED IN THE CIRCULAR, THAT THIS INSTRUCTION WILL APPLY EVEN TO PENDING APPEALS: '13. THIS INSTRUCTION WI LL APPLY TO SLPS/ APPEALS/CROSS OBJECTIONS/ REFERENCES TO BE FILED HENCEFORTH IN SC/HCS/TRIBUNAL AND IT SHALL ALSO APPLY RETROSPECTIVELY TO PENDING SLPS/APPEALS/CROSS OBJECTIONS/REFERENCES. PENDING APPEALS BELOW THE SPECIFIED TAX LIMITS IN PARA 3 ABOVE MAY BE WITHDRAWN/NOT PRESSED. ' 4 . THE TAX EFFECT IN THIS APPEAL DOES NOT EXCEED RS.20 LA KHS . IN VIEW OF THIS FACT, AS PER THE CBDT CIRCULAR NO. 3/2018 DATED 11 TH JULY, 2018 FILE NO.279 OF MISC.142/2007 - ITJ (PT), THE REVENUE IS NOT SUPPOSED TO PRESS THIS APPEAL. WE, THEREFORE, DISMISS THE APPEAL FILED BY THE R EVENUE IN LIMINE, WITHOUT GOING INTO THE MERITS OF THE CASE, AS IN OUR OPINION, THE CIRCULAR ISSUED BY THE CBDT IS BINDING ON THE D EPARTMENT IN VIEW OF THE PROVISIONS OF SECTION 268A(1) OF THE INCOME TAX ACT , 1961 . THE SAID VIEW HAS BEEN TAKEN BY THE HONBL E SUPREME COURT IN THE CASE OF NAVN I T LAL JH AVERI VS. K. K. SEN , 56 ITR 198 (SC). WE, ACCORDINGLY, DISMISS THE APPEAL FILED BY THE REVENUE. 5 . IN THE RESULT, THE APPEAL OF THE REVENUE IS DISMISSED. ORDER PRO NOUNCED IN THE OPEN COURT ON 07 / 0 6 /201 9 . SD/ - SD/ - [ T. S. KAPOOR ] [ A. D. JAIN ] ACCOUNTANT MEMBER VICE PRESIDENT DATED: 07 /0 6 / 201 9 JJ: 0606 ITA NO.271/LKW/2018 PAGE 3 OF 3 COPY FORWARDED TO: 1 . APPELLANT 2 . RESPONDENT 3 . CIT(A) 4 . CIT 5 . DR BY ORDER ASSISTANT REGISTRAR