Rakesh Kumar Garg, HUF., Agra v. I.T.O.1(3), Agra

CO 66/AGR/2010 | 2002-2003
Pronouncement Date: 06-07-2011 | Result: Dismissed

Appeal Details

RSA Number 6620323 RSA 2010
Assessee PAN AABHR3924D
Bench Agra
Appeal Number CO 66/AGR/2010
Duration Of Justice 10 month(s) 9 day(s)
Appellant Rakesh Kumar Garg, HUF., Agra
Respondent I.T.O.1(3), Agra
Appeal Type Cross Objection
Pronouncement Date 06-07-2011
Appeal Filed By Assessee
Order Result Dismissed
Bench Allotted DB
Tribunal Order Date 06-07-2011
Date Of Final Hearing 06-07-2011
Next Hearing Date 06-07-2011
Assessment Year 2002-2003
Appeal Filed On 27-08-2010
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL AGRA BENCH AGRA BEFORE SHRI P.K. BANSAL ACCOUNTANT MEMBER AND SHRI H.S. SIDHU JUDICIAL MEMBER ITA NO. 318/AGRA/2010 ASSTT. YEAR : 2002-03 INCOME-TAX OFFICER 1(3) AGRA. VS. RAKESH KUMAR G ARG HUF 41 RANG ROAD AGRA. (PAN AABHR 3924 D) C.O. NO.66/AGRA/2010 (IN ITA NO. 318/AGRA/2010) ASSTT. YEAR : 2002-03 RAKESH KUMAR GARG HUF VS. INCOME-TAX OFFICER 1 (3) AGRA. 41 RANG ROAD AGRA. (APPELLANT) (RESPONDENT) FOR REVENUE : SHRI VINOD KUMAR JR. D.R. FOR ASSESSEE : SHRI ANIL AGARWAL C.A. ORDER PER BENCH: THE APPEAL BY THE REVENUE AND CROSS OBJECTION BY AS SESSEE HAVE BEEN FIELD BY THE REVENUE AGAINST THE ORDER OF THE CIT(A) DATED 25.05 .2010. 2. WE HAVE HEARD BOTH THE PARTIES AND HAVE CAREFULL Y PERUSED THE MATERIAL ON RECORD AS WELL AS THE ORDERS OF THE TAX AUTHORITIES BELOW. WE NOTE D THAT THE TAX EFFECT IN THIS APPEAL FILED BY THE REVENUE AGAINST THE ORDER OF THE CIT(A) IS LESS THA N RS.2 00 000/- AND THE SAME IS IN CONTRAVENTION OF C.B.D.T. INSTRUCTION NO.5 OF 2008 DATED 15.05.2008 WHICH FINDS STATUTORY FORCE UNDER THE PROVISIONS OF SECTION 268A OF THE INCOME- TAX ACT 1961. THE CLAUSE NO.3 OF THE SAID 2 C.B.D.T. INSTRUCTION HAS MADE IT CLEAR THAT APPEAL BEFORE THE TRIBUNAL BY THE REVENUE WILL HENCEFORTH BE FILED WHERE TAX EFFECT EXCEEDS RS.2 L ACS. THE PRESENT APPEAL HAVING BEEN FILED IN CONTRAVENTION OF THE SAID INSTRUCTION IS THEREFOR E FOUND NOT MAINTAINABLE. IN THE FACTS AND CIRCUMSTANCES OF THE CASE THE APPEAL FILED BY THE REVENUE IS LIABLE TO BE DISMISSED AS NOT MAINTAINABLE. 3. DURING THE COURSE OF HEARING THE LEARNED AR MAD E A STATEMENT THAT THE ASSESSEE WISHES TO WITHDRAW THE PRESENT CROSS OBJECTION. AN ENDORSE MENT TO THIS EFFECT HAS ALSO BEEN MADE BY LD. AR. THE LD. DR HAS NO OBJECTION ON THE REQUEST OF THE LD. AR. WE THEREFORE DISMISS THE CROSS OBJECTION OF ASSESSEE AS WITHDRAWN. 4. IN THE RESULT APPEAL FILED BY THE REVENUE AND T HE CROSS OBJECTION FILED BY ASSESSEE ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 06.07.2011. SD/- SD/- (H.S. SIDHU) (P.K. BANSAL) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 6 TH JULY 2011 *AKS/- COPY OF THE ORDER FORWARDED TO : 1. APPELLANT 2. RESPONDENT 3. CIT(A) BY ORDER 4. CIT CONCERNED 5. DR ITAT AGRA 6. GUARD FILE ASSISTANT REGISTRAR TRUE COPY