The ACIT- 1(1), Bhopal v. M/s Virat Hare Krishna Education Society, Bhopal

MA 1/IND/2016 | 2002-2003
Pronouncement Date: 29-09-2016 | Result: Dismissed

Appeal Details

RSA Number 122724 RSA 2016
Assessee PAN AAAJV0352J
Bench Indore
Appeal Number MA 1/IND/2016
Duration Of Justice 8 month(s) 27 day(s)
Appellant The ACIT- 1(1), Bhopal
Respondent M/s Virat Hare Krishna Education Society, Bhopal
Appeal Type Miscellaneous Application
Pronouncement Date 29-09-2016
Appeal Filed By Department
Order Result Dismissed
Bench Allotted DB
Tribunal Order Date 29-09-2016
Assessment Year 2002-2003
Appeal Filed On 01-01-2016
Judgment Text
ACIT VS. M/S VIRAT HARE KRISHNA EDUCATION SOCIETY MA NO.1/IND/2016 1 IN THE INCOME TAX APPELLATE TRIBUNAL INDORE BENCH INDORE .. ..!' #$ # !% BEFORE SHRI D.T. GARASIA JUDICIAL MEMBER AND SHRI O.P. MEENA ACCOUNTANT MEMBER M.A. NO. 1/IND/2016 IT(SS).A. NOS. 73 TO 77/IND/2013 ACIT CIRCLE 1(1) BHOPAL :: APPELLANT VS M/S VIRAT HARE KRISHNA EDUCATION SOCIETY BHOPAL ./ PAN: AAAJV0352J :: RESPONDENT /APPELLANT BY SHRI K.G. GOYAL RESPONDENT BY SHRI ASHISH GOYAL AND SHRI N.D. PATWA DATE OF HEARING 16.9.2016 !'#$% DATE OF PRONOUNCEMENT 29.9.2016 ' O R D E R PER SHRI D.T. GARASIA JM THIS MISCELLANEOUS APPLICATION U/S 254(2) OF THE INCOME TAX ACT 1961 HAS BEEN FILED BY THE REVENUE ON THE GROUND THAT THE TRIBUNAL HAS DISMISSED THE DEPARTMENTAL ACIT VS. M/S VIRAT HARE KRISHNA EDUCATION SOCIETY MA NO.1/IND/2016 2 APPEALS HOLDING THAT INSTRUCTION NO. 5/2014 F.NO. 279/MISC.142/2007-ITJ(PT) DATED 10.07.2014 IS APPLICAB LE RETROSPECTIVELY WHEREAS THE HON'BLE SUPREME COURT IN A RECENT JUDGMENT IN THE CASE OF CIT VS. SUMAN DHAMIJA IN CIVIL APPEAL NO. 4919-4920 OF 2015 DATED 1.7.2015 HAS CATEGORICALLY HELD THAT THE DEPARTMENTS INSTRUCTIONS F OR FILING OF APPEAL ARE PROSPECTIVE IN NATURE. 2. BEFORE US THE LEARNED DR SUPPORTED THE MISCELLANEOUS APPLICATION. ON THE OTHER HAND THE LEARNE D COUNSEL FOR THE ASSESSEE ARGUED THAT AS PER RECENT CIRC ULAR NO. 21/2015 (F.NO. 279/MISC.142/2007-IT) DATED 10.12.2015 THE APPEALS OF THE REVENUE INVOLVING MONET ARY TAX LIMIT AS CONTAINED IN BOARDS INSTRUCTION NO. 5/2 014 DATED 10.07.2014 ARE NOT MAINTAINABLE AS THESE INSTRUCTIONS ARE RETROSPECTIVE IN NATURE. ACIT VS. M/S VIRAT HARE KRISHNA EDUCATION SOCIETY MA NO.1/IND/2016 3 4. WE HAVE HEARD BOTH THE SIDES. AFTER CONSIDERING THE ARGUMENTS OF THE PARTIES WE FIND THAT THE AFTER THE OR DER OF THE HON'BLE SUPREME COURT IN THE CASE OF CIT VS. SUM AN DHAMIJA IN CIVIL APPEAL NO. 4919-4920 OF 2015 DATED 1.7.2015 THE CBDT VIDE CIRCULAR NO. 21/2015 (F.NO. 279/MISC.142/2007-IT) DATED 10.12.2015 HAS CLARIFIED THAT THE INSTRUCTIONS CONTAINED IN BOARDS INSTRUCTION NO. 5/2014 DATED 10.7.2014 SHALL HAVE RETROSPECTIVE EFFECT AND NOT PROSPECTIVE. SINCE THESE INSTRUCTIONS HAVE BEEN ISSUED AFTER PASSING OF THE JUDGMENT BY THE HON'BLE SUPREME COURT IN THE ABOVE CASE THE MISCELLANEOUS APPLICATION F ILED BY THE REVENUE BECOMES INFRUCTUOUS AND DISMISSED AS SUCH. 5. IN THE RESULT THE MISCELLANEOUS APPLICATION OF THE REVENUE IS DISMISSED. ACIT VS. M/S VIRAT HARE KRISHNA EDUCATION SOCIETY MA NO.1/IND/2016 4 THIS ORDER HAS BEEN PRONOUNCED IN OPEN COURT ON 29 SEPTEMBER 2016. SD SD ( ..!') (..) #$ () (O.P.MEENA) (D.T.GARASIA) ACCOUNTANT MEMBER J UDICIAL MEMBER )'* / DATED : 29 SEPTEMBER 2016. DN/ ACIT VS. M/S VIRAT HARE KRISHNA EDUCATION SOCIETY MA NO.1/IND/2016 5