M/S Kashi Jewellers, Kanpur vs Department Of Income Tax

This appeal is preferred by the Revenue against the order of the ld. CIT(A) on various grounds.

2. At the very outset, the learned Counsel for the assessee has submitted that the tax effect involved in this appeal is less than the prescribed monetary limit, therefore, the Department ought not to have filed this appeal in view of the instructions issued by C.B.D.T.

2. The Learned D. R. did not controvert the above fact.

3. It is noticed that Section 268A of the Act has been inserted by the Finance Act, 2008 with retrospective effect from 1.4.1999. The provisions contained in section 268A read as under:-

"268A. (1) The Board may, from time to time, issue orders, instructions or directions to other income-tax authorities, :-2-:

fixing such monetary limits as it may deem fit, for the purpose of regulating filing of appeal or application for reference by any income-tax authority under the provisions of this Chapter.

(2) Where, in pursuance of the orders, instructions or directions issued under sub-section (1), an income-tax authority has not filed any appeal or application for reference on any issue in the case of an assessee for any assessment year, it shall not preclude such authority from filing an appeal or application for reference on the same issue in the case of--

(a) the same assessee for any other assessment year; or

(b)any other assessee for the same or any other assessment year.

(3) Notwithstanding that no appeal or application for reference has been filed by an income-tax authority pursuant to the orders or instructions or directions issued under sub-section (1), it shall not be lawful for an assessee, being a party in any appeal or reference, to contend that the income-tax authority has acquiesced in the decision on the disputed issue by not filing an appeal or application for reference in any case.

(4) The Appellate Tribunal or Court, hearing such appeal or reference, shall have regard to the orders, instructions or directions issued under sub-section (1) and the circumstances under which such appeal or application for reference was filed or not filed in respect of any case. (5) Every order, instruction or direction which has been issued by the Board fixing monetary limits for filing an appeal or application for reference shall be deemed to have been issued under sub-section (1) and the provisions of sub-sections (2), (3) and (4) shall apply accordingly.]"

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4. It is not in dispute that the Board's instructions or directions issued to the Income-tax Authorities are binding on the Income-tax authorities, therefore, the Department ought not to have filed this appeal in view of the provisions of section 268A of the Act, since the tax effect in the instant case is less than the amount prescribed for not filing the appeal. Accordingly, this appeal is dismissed.

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

Order was pronounced in the open court on the date mentioned on the captioned page.

Sd/- Sd/- [A. K. GARODIA] [SUNIL KUMAR YADAV] ACCOUNTANT MEMBER JUDICIAL MEMBER

DATED: 24th June, 2015 JJ:2206

Copy forwarded to: 1. Appellant 2. Respondent 3. CIT(A) 4. CIT 5. DR Assistant Registrar