ACIT, Gwalior v. Smt. Kamlesh Gupta D/o ShriDabbu Ram Gupta, Dabra

MA 50/AGR/2005 | 1994-1995
Pronouncement Date: 16-04-2010 | Result: Dismissed

Appeal Details

RSA Number 5020324 RSA 2005
Bench Agra
Appeal Number MA 50/AGR/2005
Duration Of Justice 5 year(s) 1 month(s) 9 day(s)
Appellant ACIT, Gwalior
Respondent Smt. Kamlesh Gupta D/o ShriDabbu Ram 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 1994-1995
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.50/AGR/2005 (IN ITA NO.09/AGR/2003) ASST. YEAR: 1994-95 THE INCOME TAX OFFICER VS. SMT. KAMLESH GUPTA WARD 1(1) GWALIOR. D/O. SHRI DABBURAM GUPTA CUSTOMS ROAD DABRA (PAN : NOT MENTIONED) (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI R.C. SHARMA 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 IN THE CASE OF THE ASSESSEE DATED 26.08.2004 IN WHICH IT WAS POINTED OUT THAT THE TAX EFFECT IN THIS CASE INCLUSIVE OF THE INTEREST W AS MORE THAN THE LIMIT PRESCRIBED 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. 2 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 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 26.08.2004. 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