ACIT, Kanpur v. Shri Krishna Kumar Goenka, Kanpur

ITA 21/LKW/2011 | 1999-2000
Pronouncement Date: 24-03-2011 | Result: Dismissed

Appeal Details

RSA Number 2123714 RSA 2011
Assessee PAN AGTPG3832H
Bench Lucknow
Appeal Number ITA 21/LKW/2011
Duration Of Justice 2 month(s) 3 day(s)
Appellant ACIT, Kanpur
Respondent Shri Krishna Kumar Goenka, Kanpur
Appeal Type Income Tax Appeal
Pronouncement Date 24-03-2011
Appeal Filed By Department
Order Result Dismissed
Bench Allotted A
Tribunal Order Date 24-03-2011
Date Of Final Hearing 24-03-2011
Next Hearing Date 24-03-2011
Assessment Year 1999-2000
Appeal Filed On 20-01-2011
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL A - BENCH LUCKNOW. BEFORE SHRI H.L.KARWA HON'BLE VICE PRESIDENT AND SHRI N.K.SAINI ACCOUNTANT MEMBER I.T.A.NO.21(LKW.)/2011 A.Y. : 1999-2000 THE ACIT-3 VS. SHRI KRISHNA KUMAR GOENKA KANPUR. 316 ANANDPURI KANPUR. PAN AGTPG3832H (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI ANADI VERMA SR.D.R. RESPONDENT BY : SHRI AMIT SHUKLA ADVOCATE O R D E R PER H.L.KARWA VICE PRESIDENT THIS APPEAL FILED BY THE REVENUE IS DIRECTED AGAIN ST THE ORDER OF THE LD.CIT(A)-II KANPUR DATED 8.10.2010 RELATING TO TH E ASSESSMENT YEAR 1999- 2000. 2. DURING THE COURSE OF HEARING THE LD.COUNSEL FOR THE ASSESSEE AT THE VERY OUTSET STATED THAT THE TAX EFFECT IN THIS APP EAL IS LESS THAN RS.2 LACS AND THEREFORE THE DEPARTMENT OUGHT NOT TO HAVE FILED THE APPEAL IN VIEW OF THE BOARDS CIRCULAR ISSUED BY THE C.B.D.T. 3. AFTER HEARING THE LD. REPRESENTATIVES OF BOTH THE PARTIES WE FIND THAT IN REVENUES APPEAL TAX EFFECT IS LESS THAN RS.2 LA CS AND ADMITTEDLY THE APPEAL WAS FILED ON 20.1.2011. IT IS NOTICED THAT THE C.B.D.T. HAS ISSUED 2 INSTRUCTION NO.5 OF 2008 DATED 15.5.2008 BY WHICH THE C.B.D.T. HAS REVISED THE MONETARY LIMIT TO RS.2 LACS FOR FILING THE APPE ALS BEFORE THE TRIBUNAL. KEEPING IN VIEW THE C.B.D.T. INSTRUCTION NO.5 OF 20 08 DATED 15.5.2008 WE ARE OF THE VIEW THAT THE REVENUE SHOULD NOT HAVE F ILED THIS APPEAL BEFORE THE TRIBUNAL AFTER THE DATE OF ISSUANCE OF THE AFORESAI D INSTRUCTION. RECENTLY THE HON'BLE GUJARAT HIGH COURT IN THE CASE OF CIT V. CO NCORD PHARMACEUTICALS (2008) 220 CTR GUJARAT 117 HAS UPHELD THE ORDERS OF I.T.A.T. AHMEDABAD BENCHES DISMISSING THE APPEALS OF THE REVENUE ON TH E GROUND THAT TAX EFFECT WAS LESS THAN THE LIMIT PRESCRIBED BY C.B.D.T. IN ITS CIRCULARS ISSUED FROM TIME TO TIME. 4. IN VIEW OF THE ABOVE WITHOUT GOING INTO THE MER ITS OF THE CASE WE DISMISS THE APPEAL FILED BY THE REVENUE. 5. IN THE RESULT THE APPEAL OF THE REVENUE IS DISM ISSED. THE ORDER PRONOUNCED IN THE OPEN COURT ON 24.3.20 11. SD. SD. (N.K.SAINI) (H.L.KARWA) ACCOUNTANT MEMBER VICE PRESIDENT MARCH 24TH 2011. COPY TO THE : 1. APPELLANT 2. RESPONDENT 3. CIT(A) (4) CIT 5.DR. A.R. ITAT LUCKNOW. SRIVASTAVA.