ACIT- Circle 1, Gwalior v. M/s Kothari &sons, Gwalior

ITA 395/AGR/2009 | 2006-2007
Pronouncement Date: 23-03-2011 | Result: Dismissed

Appeal Details

RSA Number 39520314 RSA 2009
Assessee PAN AABFK1554E
Bench Agra
Appeal Number ITA 395/AGR/2009
Duration Of Justice 1 year(s) 5 month(s) 29 day(s)
Appellant ACIT- Circle 1, Gwalior
Respondent M/s Kothari &sons, Gwalior
Appeal Type Income Tax Appeal
Pronouncement Date 23-03-2011
Appeal Filed By Department
Order Result Dismissed
Bench Allotted DB
Tribunal Order Date 23-03-2011
Date Of Final Hearing 23-03-2011
Next Hearing Date 23-03-2011
Assessment Year 2006-2007
Appeal Filed On 24-09-2009
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. 395/AGR/2009 ASST. YEAR: 2006-07 ASSTT. COMMISSIONER OF INCOME TAX VS. M/S. KOTHARI & SONS CIRCLE-I GWALIOR. SARAFA BAZAR LASHKAR GWALIOR. (PAN : AABFK 1554 E) (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI A.K. SHARMA JR. D.R. RESPONDENT BY : SHRI MAHESH AGARWAL C.A. ORDER PER H.S. SIDHU J.M. : THE REVENUE HAS FILED THE PRESENT APPEAL AGAINST TH E ORDER DATED 16.06.2009 PASSED BY THE LD. CIT(A) GWALIOR. . 2. WE NOTED THAT THE TAX EFFECT IN THIS APPEAL FILE D BY THE REVENUE AGAINST THE ORDER OF THE CIT(A) IS LESS THAN ` 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 SAME IS THEREFORE NOT MAINTAINABLE. THE CLAUSE NO.3 OF TH E SAID C.B.D.T. INSTRUCTION HAS 2 MADE IT CLEAR THAT APPEAL BEFORE THE TRIBUNAL BY TH E REVENUE WILL HENCEFORTH BE FILED WHERE TAX EFFECT EXCEEDS RS.2 LACS. THEREFORE IN THE CIRCUMSTANCES AND FACTS OF THE CASE THE APPEAL FILED BY THE REVENUE IS NOT MAINTA INABLE AND THE SAME IS DISMISSED AS NOT MAINTAINABLE. 3. IN THE RESULT APPEAL FILED BY THE REVENUE IS DI SMISSED. (ORDER PRONOUNCED IN THE OPEN COURT ON 23.03.2011). SD/- SD/- (P.K. BANSAL) (H.S. SIDHU) ACCOUNTANT MEMBER JUDICIAL MEMBER PLACE: AGRA DATE: 23 RD MARCH 2011 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 ASSISTANT REGISTRAR INCOME-TAX APPELLATE TRI BUNAL AGRA TRUE COPY