Appeal Details
| RSA Number | 4920324 RSA 2005 |
|---|---|
| Bench | Agra |
| Appeal Number | MA 49/AGR/2005 |
| Duration Of Justice | 5 year(s) 1 month(s) 9 day(s) |
| Appellant | ITO, Gwalior |
| Respondent | Shri Munna Lal Gupta, Dabra |
| Appeal Type | Miscellaneous Application |
| Pronouncement Date | 16-04-2010 |
| Appeal Filed By | Department |
| Order Result | Dismissed |
| Bench Allotted | DB |
| Tribunal Order Date | 11-05-2010 |
| Date Of Final Hearing | 16-04-2010 |
| Next Hearing Date | 16-04-2010 |
| Assessment Year | 1997-1998 |
| Appeal Filed On | 07-03-2005 |
| Judgment 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.49/AGR/2005 (IN ITA NO.08/AGR/2003) ASST. YEAR: 1997-98 INCOME TAX OFFICER 1(1) VS. SHRI MUNNA LAL GUP TA GWALIOR. S/O. SHRI DABBURAM GUPTA CUSTOMS ROAD DABRA. (PAN : NOT MENTIONED) (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI S.R. SAHU 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 DATED 15 TH JULY 2004 IN WHICH IT WAS POINTED OUT THAT THE TA X EFFECT IN THIS CASE INCLUSIVE OF THE INTEREST WAS MORE THAN THE LIMIT P RESCRIBED 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. 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 2 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 15.07.2004. 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
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