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Astt. Commissioner of Income Tax v/s M/s. Harish Hosiery, Faizabad

Company & Directors' Information:- J G HOSIERY PRIVATE LIMITED [Active] CIN = U18101TZ2001PTC009707

Company & Directors' Information:- K D S HOSIERY PRIVATE LIMITED [Active] CIN = U18101PB2001FTC024327

Company & Directors' Information:- R M H HOSIERY PRIVATE LIMITED [Active] CIN = U17125DL2007PTC167271

Company & Directors' Information:- P T M HOSIERY PVT LTD [Active] CIN = U52322WB1994PTC062394

Company & Directors' Information:- M G HOSIERY PRIVATE LIMITED [Active] CIN = U17124TZ2002PTC010195

Company & Directors' Information:- D D HOSIERY PVT LTD [Active] CIN = U18101WB1973PTC028694

Company & Directors' Information:- M. B. HOSIERY PRIVATE LIMITED [Active] CIN = U18101WB2008PTC125110

Company & Directors' Information:- R R HOSIERY PRIVATE LIMITED [Active] CIN = U18101MH1984PTC034394

Company & Directors' Information:- K K HOSIERY PRIVATE LIMITED [Active] CIN = U18204MH2014PTC251777

Company & Directors' Information:- B B HOSIERY PRIVATE LIMITED [Strike Off] CIN = U74999MH2015PTC267158

Company & Directors' Information:- M C S HOSIERY PRIVATE LIMITED [Strike Off] CIN = U51311WB2001PTC093781

Company & Directors' Information:- HARISH INDIA PRIVATE LIMITED [Active] CIN = U29299MH1959PTC011457

Company & Directors' Information:- HARISH AND COMPANY PRIVATE LIMITED [Converted to LLP and Dissolved] CIN = U45201RJ1995PTC010374

Company & Directors' Information:- S P HOSIERY PVT LTD [Strike Off] CIN = U51311PB1985PTC006113

    I.T.A. No. 799/Lkw of 2015

    Decided On, 24 August 2018

    At, Income Tax Appellate Tribunal Lucknow


    For the Appellant: Pooja Raj, D.R. For the Respondent: None.

Judgment Text

T.S. Kapoor, A.M.

1. This is an appeal filed by the Revenue against the order of learned CIT(A), Faizabad dated 15/09/2015 pertaining to assessment year 2011-12.

2. During the course of hearing none appeared on behalf of assessee. It is noticed 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 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. The 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. From this 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 also.

6. Keeping in view the CBDT Circular No. 3 of 2018 dated 11.07.2018 and also the provisions of

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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. 7. In the result, the appeal of the Revenue is dismissed.