A.c.i.t. Cir-4 Nagpur (erstwhile Cir.-6), Nagpur V. Laxmikant Ashok Khanorkar, Nagpur

MA 14/NAG/2015

• Counselvise Citation: [2016] 124 COUNSELVISE.COM (IT) 4364 (ITAT-NAGPUR)
• Duration Of Justice: 5 month(s) 27 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 15-04-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 01-04-2016
• Assessment Year: 2008-2009
• Appeal Filed On: 19-10-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: NARENDRA KANE
• Assessee Lawyers: D S JOGANI
• Keywords: Tax effect

Judgement Text

IN TH E INCOME TAX APPELLATE TRIBUNAL NAGPUR BENCH: NAGPUR BEFORE SHRI MUKUL K. SHRAWAT, JUDICIAL MEMBER AND SHRI SHAMIM YAHYA, ACCOUNTANT MEMBER. M.A.NO.1 4 /NAG/2015 ( IN ITA NO. 44 /NAG/2014 : AY : 20 08 - 0 9 ) THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE N O.6 , NAGPUR VS LAXMIKANT ASHOK KHANORKAR MAHAL, NAGPUR PAN : AF ZPK6243D (APPLIC ANT) (RESPONDENT) APPLICANT BY SHRI NARENDRA KANE, DR RESPONDENT BY SHRI D.S. JOGAN I, AR DATE OF HEARING : - 01/04/2016 DATE OF P RONOUNCEMENT: - 15 / 0 4 /2016 O R D E R PER SHRI SHAMIN YAHYA, A.M . BY WAY OF MISCELLANEOUS APPLICATION THE REVENUE APPEAL RECALL OF THE ORDER OF TH E TRIBUNAL IN ITA NO.44/NAG/2014 DT.14/08/2015 . 2. THE SAID INCOME TAX APPEAL BY THE REVENUE WAS DISMISSED ON ACCOUNT OF TAX EFFECT. HOWEVER, THE RE VENUE HAS NOW FILED THI S MISCELLANEOUS APPLI CATION CONTESTING THAT THE TAX E FFECT I N THAT CASE WAS RS.3,9,000/ - AND HENCE THE SAID APPEAL WAS NOT LIABLE TO DIS MISSED ON ACCOUNT OF TAX EFFECT. THE REVENUE HAS ALSO RELIED ON CASE LAW THAT THE CBDT CIRCULAR N O.21/2015 DATED 10 - 12 - 2015 ON THE BASIS OF WHICH THE SAID APPEAL WAS DISMISSED H A S ONLY P R O SPECTIVE OPERATION. 3. WE HAVE HEARD BOTH THE COUNSELS AND PERUSAL OF THE RECORD, WE FIND THAT THE LATEST CBDT CIRCULAR NO.21/2015 DATED 10 - 12 - 2015 , P ROVIDE S THAT ONLY APPEAL WITH TAX EFFECT OF RS.10 LAKHS AND ABOVE ARE TO BE FILE BEFORE T HE ITAT AND IT HAS BEEN SPECIFICALLY PROVIDE D IN THE SAID CBDT CIRCULAR NO. 21/2015 DATED 10 - 12 - 2015, THAT 2 MA NO.1 4 /NAG/2015 (IN ITA NO. 44 /NAG/2014) THIS CIRCULAR APPLIES TO ALL THE PENDING APPEALS . CONSIDERING FROM THIS P OINT OF VIEW, THIS MISCELLANEOUS APPLICATION BY THE REVENUE IS INF RU C T U OUS . ADMITTEDLY IN THE INCOME TAX APPEAL UNDER CONSIDERATION IN THIS MISCELLANEOUS APPLICATION, THE T AX EFFECT WAS BELOW RS.10 LAKHS. R ESTORATION OF THI S MISCELLANEOUS APPLICATION IS HE NCE INFRUCT U OUS . ACCORDINGLY, THIS MISCELLANEOUS APPLICATION BY THE R EVENUE STANDS DISMISSED. BOTH THE CO UNSELS FAIRLY AGREED TO THIS PRO POSITION. 4. IN THE RESULT, THIS MISCELLANEOUS APPLICATION STANDS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON THIS 15 TH DAY OF APRIL , 2016. SD/ - SD/ - (MUKUL K. SHRAWAT) ( SHAMIM YAHYA) JUDICIAL MEMBER ACCOUNTANT MEMBER NAGPUR, DATED: - 15 /04/2016. MANGESH BODKHE/ SR. P.S. COPY FORWARDED TO : 1. APPLICANT 2. RESPONDENT 3. C.I.T., CONCERNED 4. CIT (APPEALS) - I, NAGPUR. 5. D.R., ITAT, NAGPUR. 6. GUARD FILE TRUE COPY BY ORDER ASSISTANT REGISTRAR, INCOME TAX APPELLATE TRIBUNAL, NAGPUR BENCH, NAGPUR