ACIT, Gwalior V. Smt. Kamlesh Gupta D/o ShriDabbu Ram Gupta, Dabra

MA 50/AGR/2005

• Counselvise Citation: [2010] 123 COUNSELVISE.COM (IT) 4553 (ITAT-AGRA)
• Duration Of Justice: 5 year(s) 1 month(s) 9 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 16-04-2010
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 16-04-2010
• Assessment Year: 1994-1995
• Appeal Filed On: 07-03-2005
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: R C SHARMA
• Keywords: Retrospective amendment; Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AGRA BENCH, AGRA BEFORE SHRI R.K. GUPTA, JUDICIAL MEMBER AND SHRI P.K. BANSAL, ACCOUNTANT MEMBER M.A. NO.50/AGR/2005 (IN ITA NO.09/AGR/2003) ASST. YEAR: 1994-95 THE INCOME TAX OFFICER, VS. SMT. KAMLESH GUPTA, WARD 1(1), GWALIOR. D/O. SHRI DABBURAM GUPTA, CUSTOMS ROAD, DABRA (PAN : NOT MENTIONED) (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI R.C. SHARMA, JR. D.R. RESPONDENT BY : NONE ORDER PER P.K. BANSAL, A.M.: THIS MISCELLANEOUS APPLICATION (M.A.) HAS BEEN FIEL D BY THE REVENUE AGAINST THE ORDER OF THIS TRIBUNAL IN THE CASE OF THE ASSESSEE DATED 26.08.2004 IN WHICH IT WAS POINTED OUT THAT THE TAX EFFECT IN THIS CASE INCLUSIVE OF THE INTEREST W AS MORE THAN THE LIMIT PRESCRIBED UNDER THE INSTRUCTIONS OF CBDT. 2. NONE APPEARED ON BEHALF OF THE ASSESSEE AND WE, THEREFORE, DECIDED TO DISPOSE OF THIS M.A. AFTER HEARING THE LD. D.R. 2 3. WE HAVE CAREFULLY CONSIDERED THE SUBMISSIONS OF THE LD. D.R. AND PERUSED THE MATERIAL ON RECORD. WE HAVE GONE THROUGH THE INSTRUCTION NO.5 OF 2007 DATED 16 TH JULY, 2007 ISSUED BY C.B.D.T. WHICH IN OUR OPINION IS CLARIFICATORY. TH IS INSTRUCTION MENTIONS THAT IT IS CLARIFIED THAT THE TAX EFFECT SPECIFIED IN PARA 2 MEANS THE TAX ON LY I.E. EXCLUDING INTEREST. IN VIEW OF THIS CLARIFICATORY INSTRUCTION, IN OUR OPINION, IT WILL HAVE A RETROSPECTIVE EFFECT AND WILL BE APPLICABLE EVEN TO THE APPEALS FILED PRIOR TO 24.10.2005. SIN CE THE TAX MEANS ONLY THE TAX AND THE TAX EFFECT WAS LESS THAN RS.2,00,000/-, THEREFORE, WE DO NOT F IND ANY MISTAKE IN THE ORDER OF THE TRIBUNAL DATED 26.08.2004. ACCORDINGLY, WE DISMISS THE M.A. FILED BY THE REVENUE. 4. IN THE RESULT, M.A. FILED BY THE REVENUE IS DISM ISSED. (ORDER PRONOUNCED IN THE OPEN COURT ON 16.04.2010) . SD/- SD/- (R.K. GUPTA) (P.K. BANSAL) JUDICIAL MEMBER ACCOUNTANT MEMBER PLACE: AGRA DATE: 11 TH MAY, 2010. PBN/* COPY OF THE ORDER FORWARDED TO: 1. APPELLANT 2. RESPONDENT BY ORDER 3. CIT CONCERNED 4. CIT (APPEALS) CONCERNED 5. DR, ITAT, AGRA BENCH, AGRA 6. GUARD FILE ASSIST ANT REGISTRAR INCOME-TAX APPELLATE TRIBUNAL, AGRA TRUE COPY