Assistant Commissioner of Income-Tax, Range-V, Lucknow V. M/S. Premier Car Sales Limited, Lucknow

MA 46/LKW/2018

• Counselvise Citation: [2019] 118 COUNSELVISE.COM (IT) 0033 (ITAT-LUCKNOW)
• Duration Of Justice: 3 month(s) 28 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 20-03-2019
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2014-2015
• Appeal Filed On: 22-11-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• 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 M.A. NO. 46/LKW/2018 [IN ITA NO. 249/LKW/2018 ] ASSESSMENT YEAR: 2014 - 15 ACIT RANGE 5 LUCKNOW V. M/S PR EMIER CAR SALES LTD. 9, SHAHNAJAF ROAD LUCKNOW T AN /PAN : AABCP5806H (APP LIC ANT) (RESPONDENT) APP LIC ANT BY: SMT. ALKA SINGH, D.R. RESPONDENT BY: SHRI RAKESH GARG, ADVOCATE DATE OF HEARING: 15 0 3 201 9 DATE OF PRONOUNCEMENT: 20 0 3 201 9 O R D E R PER A. D. JAIN, V.P . : THIS MISCELLANEOUS APPLICATION HAS BEEN FILED BY THE REVENUE FOR RECALLING OF THE COMBINED ORDER OF THE TRIBUNAL DATED 10/8/ 201 8 PASSED IN ITA NO. 249 /LKW/201 8 AND OTHER 15 APPEALS FOR A.Y. 20 14 - 15 ETC. 2. THE REVENUE HAS STATED IN ITS APPLICATION THAT THE APPEAL OF THE DEPARTMENT IN ITA NO.249/LKW/2018 WAS DISMISSED BY THE TRIBUNAL FOR THE SOLE REASON OF TAX EFFECT BEING LESS THAN RS. 20 LAKHS, WHEREAS THE RECORD SHOWS THAT THE AMOUNT INVOLVED IN THE APPEAL IS RS.4,10,80,602/ - AND THE TO TAL TAX EFFECT IS RS.1,33,28,601/ - , WHICH IS MUCH MORE THAN THE PRESCRIBED LIMIT OF RS.20 LAKHS. THEREFORE, THERE IS AN APPARENT MISTAKE IN THE ORDER OF THE TRIBUNAL DATED 10/8/2018 AND HENCE THE SAME MAY BE RECALLED AND THE APPEAL MAY BE FIXED FOR FRESH HEARING , IN THE INTEREST OF JUSTICE. M.A. NO.46/LKW/2018 PAGE 2 OF 2 3. THE LD. A.R. OF THE ASSESSEE HAS PLACED RELIANCE UPON THE ORDER OF THE TRIBUNAL DATED 10/8/2018 . 4. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS VIS - - VIS THE MISCELLANEOUS APPLICATION . THE SUBMISSION OF THE LD. D.R. WA S THAT THE TAX EFFECT INVOLVED IN THE APPEAL FILED BY THE REVENUE IN ITA NO. 249 /LKW/201 8 IS RS.1,33,28,601/ - , WHICH IS MUCH MORE THAN THE PRESCRIBED LIMIT OF RS.20 LAKHS, AND, THEREFORE, THERE IS A MISTAKE CREPT IN THE ORDER OF THE TRIBUNAL DATED 10/8/201 8 DISMISSING THE APPEAL OF THE REVENUE ON ACCOUNT OF LOW TAX EFFECT . CONSIDERING THE SUBMISSIONS OF THE ASSESSEE , WE RECALL THE ORDER DATED 10/8/ 201 8 ONLY IN THE CASE OF THE PRESENT ASSESSEE PASSED IN ITA NO. 249 /LKW/201 8 , IN THE INTEREST OF JUSTICE AND DI RECT THE REGISTRY TO FIX THIS APPEAL FOR HEARING ON 1 /5 /2019 . SINCE THE DATE OF HEARING HAS BEEN ANNOUNCED IN THE OPEN COURT, NO FRESH NOTICE WILL BE ISSUED TO THE ASSESSEE. 5. IN THE RESULT, MISCELLANEOUS APPLICATION OF THE ASSESSEE IS ALLOWED. ORDER PR ONOUNCED IN THE OPEN COURT ON 20 / 0 3 /201 9 . SD/ - SD/ - [ T. S. KAPOOR ] [ A. D. JAIN ] ACCOUNTANT MEMBER VICE PRESIDENT DATED: 20 /03/ 201 9 JJ: 1503 COPY FORWARDED TO: 1 . APP LIC ANT 2 . RESPONDENT 3 . CIT(A) 4 . CIT 5 . DR BY ORDER ASSISTANT REGISTRAR