KIRAN JAISWAL Vs. INCOME TAX OFFICER

JUDGEMENT

(1.) This is an appeal under section 260A of the Income-tax Act, 1961 against the judgment and order dated 31.7.2008 passed by Income Tax Appellate Tribunal, Lucknow Bench 'A', Lucknow in ITA No. 249 LUC/08. The dispute raised to assessment years 2004-2005. The appeal was admitted by a Division Bench vide order 20.01.2009 on the following substantial question of law, is reproduced as under:

(2.) Against the said judgment of the Orissa High Court, a special appeal was preferred before the Apex Court and the said special appeal has been dismissed by the Apex Court as 1983 143 ITR (St.) 67.

(3.) Learned standing counsel for the Department could not place any decision contrary to the above. Only submission which he could make is that in view of the amendment in law, the view of the Tribunal cannot be allowed to stand. Obviously, the said amendment was not available during the relevant assessment year and the said amendment was not retrospective in nature.