Astt. Commissioner of Income Tax, GONDA V. Shri Vijay Kumar Chopra, Bahraich

MA 140/LKW/2015

• Counselvise Citation: [2016] 124 COUNSELVISE.COM (IT) 4061 (ITAT-LUCKNOW)
• Duration Of Justice: 2 month(s) 15 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 03-02-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2010-2011
• Appeal Filed On: 18-11-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: M M 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 M.A. NO . 140/LKW/2015 [ARISING OUT OF ITA NO . 492/LKW/2013 ] ASSESSMENT YEAR : 2010 - 11 ASSTT. CI T GONDA V. SHRI. VIJAY KUMAR CHOPRA PROP. M/S CHOPRA TRADERS GONDA ROAD, BAHRAICH PAN:AAGPV0005M (APP LIC ANT) (RESPONDENT) APP LIC ANT BY: SHRI. AMIT NIGAM, D.R. RESPONDENT BY: SHRI. M.M. MISHRA, ADVOCATE DATE OF HEARING: 15 01 201 6 DATE OF PRONOUN CEMENT: 03 02 201 6 O R D E R PER SUNIL KUMAR YADAV: THIS MISCELLANEOUS APPLICATION IS PREFERRED BY THE REVENUE AGAINST THE ORDER OF THE TRIBUNAL DATED 3.7.2015 WHEREBY THE TRIBUNAL HAS DISMISSED THE APPEAL OF THE REVENUE ON ACCOUNT OF TAX EFFECT. 2 . THE LD. D.R., THROUGH THIS MISCELLANEOUS APPLICATION, HAS CONTENDED THAT AT THE RELEVANT POINT OF TIME SINCE THE TAX EFFECT WAS MORE THAN RS.3 LAKHS, THE APPEAL SHOULD HAVE BEEN DISPOSED OF ON MERIT. 3 . DURING THE COURSE OF HEARING, OUR ATTENTION WAS INVITED TO THE LATEST INSTRUCTION ISSUED BY THE C.B.D.T. BEARING NO. 21 OF 2015 DATED 10 TH DECEMBER, 2015 , ACCORDING TO WHICH THE APPEALS OF THE REVENUE, IN WHICH TAX EFFECT INVOLVED UPTO RS.10 LAKHS, ARE TO BE DISMISSED. IN THE LIGHT OF THESE FACTS, EVEN THE CONTE NTION OF THE REVENUE IS ACCEPTED AND THE ORDER IS RECALLED, THE APPEAL OF THE REVENUE OUGHT TO HAVE BEEN DISMISSED IN THE : - 2 - : LIGHT OF THE LATEST INSTRUCTION OF THE C.B.D.T. THEREFORE, WE FIND NO FRUITFUL PURPOSE OF RECALLING THE ORDER EVEN IF WE ACCEPT THE C ONTENTION OF THE REVENUE. 4 . KEEPING IN VIEW THE TOTALITY OF THE FACTS AND CIRCUMSTANCES OF THE CASE, WE ARE OF THE CONSIDERED OPINION THAT THE MISCELLANEOUS APPLICATION OF THE REVENUE IS NOT MAINTAINABLE AND ACCORDINGLY WE DISMISS THE SAME. 5 . IN THE RESULT, MI SCELLANEOUS APPLICATION OF THE REVENUE IS DISMISSED. ORDER WAS PRONOUNCED IN THE OPEN COURT ON THE DATE MENTIONED ON THE CAPTION ED PAGE. SD/ - SD/ - [ A. K. GARODIA ] [ S UNIL KUMAR Y ADAV ] ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 3 RD 1 . APP LIC ANT FEBRU ARY, 2016 JJ : 1501 COPY FORWARDED TO: 2 . RESPONDENT 3 . CIT(A) 4 . CIT 5 . DR ASSISTANT REGISTRAR