Income Tax Appellate Tribunal - Lucknow
Astt. Commissioner Of Income Tax, ... vs Sitaram Computech Pvt. Ltd., Lucknow on 3 August, 2018
IN THE INCOME TAX APPELLATE TRIBUNAL
LUCKNOW BENCH"B", LUCKNOW
BEFORE SHRI. T.S. KAPOOR, ACCOUNTANT MEMBER
AND SHRI PARTHA SARATHI CHAUDHURY,JUDICIAL MEMBER
ITA No.20/LKW/2017
Assessment Year:2009-10
ACIT v. Sitaram Computech Pvt. Ltd
Central Circle-II Opp. Kamta Check Post
Lucknow Faizabad Road
Lucknow
TAN/PAN:AAECS7800F
(Appellant) (Respondent)
Appellant by: Shri Yashvendra Singh, D.R.
Respondent by: Shri P. K. Kapoor, C.A.
Date of hearing: 27 07 2018
Date of pronouncement: 03 08 2018
ORDER
PER PARTHA SARATHI CHAUDHURY, J.M:
This appeal preferred by the Revenue emanates from the order of the ld. CIT(A)-3, Lucknow dated 24/10/2016.
2. During the course of hearing, at the very outset, ld. A.R. of the assessee stated that the tax effect involved in this appeal is less than Rs.20,00,000/-, therefore, in view of the Circular No. 3/2018 issued by the CBDT and the provisions contained in Section 268A of the Income Tax Act, 1961 (hereinafter to be referred as the Act), the Department is bound to withdraw the appeal.
3. On the other hand, the ld. D.R., although supported the order of the Assessing Officer, but could not controvert this fact that tax effect in this appeal is less than Rs.20,00,000/-.
4. After considering the submissions of both the parties and the material available on record, it is noticed that Section 268A has been inserted by the Finance Act, 2008 with retrospective effect from 01/04/99. The said section 268 of the Act provides that the Board may ITA No.20/LKW/2017 Page 2 of 2 issue instruction or directions to the other income-tax authorities fixing monetary limits for not filing the appeals before the Appellate Tribunal or the Courts, said instructions/directions are binding on the income tax authorities.
5. It is noticed that the CBDT has issued Circular No. 3 of 2018 dated 11.07.2018, vide which it has revised the monetary limit to Rs.20,00,000/- for not filing the appeal before the Tribunal.
6. From Clause 12 & 13 of the said circular, it is clear that these instructions are applicable to the pending appeals also and as per clause 13, there is clear cut instruction to the Department to withdraw or not to press the appeals filed before the ITAT wherein tax effect is less than Rs.20,00,000/-. These instructions are operative retrospectively to the pending appeals.
7. Keeping in view the CBDT Circular No. 3 of 2018 dated 11.07.2018 and also the provisions of Section 268A of Income Tax Act, 1961, we are of the view that the Revenue should have withdrawn the instant appeal filed before the Tribunal.
8. In the result, the appeal of the Revenue is dismissed.
Order pronounced in the open Court on 03/08/2018.
Sd/- Sd/-
[T.S. KAPOOR] [PARTHA SARATHI CHAUDHURY]
ACCOUNTANT MEMBER JUDICIAL MEMBER
DATED: 3rd August, 2018
JJ:2707
Copy forwarded to:
1. Appellant
2. Respondent
3. CIT(A)
4. CIT
5. DR