Income TAx Officer Ward-5(2)(3), Bangalore V. Smt Rekha Osthwal , Hospet

ITA 104/BANG/2018

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 7626 (ITAT-BANGALORE)
• Duration Of Justice: 6 month(s) 10 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 20-07-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2013-2014
• Appeal Filed On: 09-01-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: DR P V PRADEEP KUMAR
• Assessee Lawyers: AKSHAY G MEHTA
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH : BANGALORE BEFORE SHRI SUNIL KUMAR YADAV, JUDICIAL MEMBER AND SHRI ARUN KUMAR GARODIA, ACCOUNTANT MEMBER APPEAL NO. APPELLANT RESPONDENT ASSESSMENT YEAR ITA NO. 100/BANG/2018 THE INCOME TAX OFFICER, WARD 5 (2) (3), BANGALORE. SHRI AVINASH OSTHWAL (HUF), C/O. M/S. MOOKAMBIKA ENTERPRISES, # NO. 8-172, BASAVESHWARA BAZAR, HAGARIBOMMANAHALLI 583 212. PAN: AAAHO5514R 2013-2014 ITA NO. 101/BANG/2018 SHRI RAJU OSTHWAL, C/O. M/S. MOOKAMBIKA ENTERPRISES, # NO. 8-172, BASAVESHWARA BAZAR, HAGARIBOMMANAHALLI 583 212. PAN: AAEPO9170H ITA NO. 102/BANG/2018 SHRI RAMESH KUMAR OSTHWAL (HUF), C/O. M/S. MOOKAMBIKA ENTERPRISES, # NO. 8-172, BASAVESHWARA BAZAR, HAGARIBOMMANAHALLI 583 212. PAN: AAAHO551 3J ITA NO. 103/BANG/2018 SMT. MEENA OSTHWAL, C/O. M/S. MOOKAMBIKA ENTERPRISES, # NO. 8-172, BASAVESHWARA BAZAR, HAGARIBOMMANAHALLI 583 212. PAN: AAEPO9168K ITA NO. 104/BANG/2018 SMT. REKHA OSTHWAL, C/O. M/S. MOOKAMBIKA ENTERPRISES, # NO. 8-172, BASAVESHWARA BAZAR, HAGARIBOMMANAHALLI 583 212. PAN: AAEPO9167G ITA NO. 105/BANG/2018 SMT. VIMALA OSTHWAL, C/O. M/S. MOOKAMBIKA ENTERPRISES, # NO. 8-172, BASAVESHWARA BAZAR, HAGARIBOMMANAHALLI 583 212. PAN: AAEPO9166H ITA NO. 106/BANG/2018 SHRI RAJU OSTHWAL (HUF), C/O. M/S. MOOKAMBIKA ENTERPRISES, # NO. 8-172, BASAVESHWARA BAZAR, HAGARIBOMMANAHALLI 583 212. PAN: AAFHR1558D APPELLANT BY : DR. P.V. PRADEEP KUMAR, ADDL. CIT (DR) RESPONDENT BY : SHRI AKSHAY. G. MEHTA, CA DATE OF HEARING : 1 6 .0 7 .2018 DATE OF PRONOUNCEMENT : 20 .0 7 .2018 ITA NOS.100 TO 106/BANG/2018 PAGE 2 OF 3 O R D E R PER BENCH ALL THESE SEVEN APPEALS ARE FILED BY THE REVENUE WH ICH ARE DIRECTED AGAINST 7 SEPARATE ORDERS OF LD. CIT(A)-5, BANGALORE ALL DATE D 29.09.2017 IN RESPECT OF 7 DIFFERENT BUT CONNECTED ASSESSEES FOR THE SAME ASSE SSMENT YEAR I.E. ASSESSMENT YEAR 2013-14. ALL THESE APPEALS WERE HE ARD TOGETHER AND ARE BEING DISPOSED OF BY WAY OF THIS COMMON ORDER FOR T HE SAKE OF CONVENIENCE. 2. AT THE VERY OUTSET, IT WAS SUBMITTED BY LD. AR O F ASSESSEE THAT ALL THESE APPEALS OF THE REVENUE ARE LIABLE TO BE DISMISSED BECAUSE O F LOW TAX EFFECT. HE SUBMITTED THAT AS PER CIRCULAR NO. 3/2018 DATED 11. 07.2018, THE LIMITS FOR FILING OF APPEALS BY THE DEPARTMENT BEFORE ITAT HAS BEEN R EVISED AND THE SAME HAS BEEN INCREASED TO RS. 20 LAKHS. HE ALSO SUBMITTED THAT AS PER PARA 13 OF THIS CIRCULAR, THIS CIRCULAR IS APPLICABLE FOR PENDING A PPEALS ALSO. HE SUBMITTED THE COMPUTATION OF TAX EFFECT IN EACH CASE. THE SAME I S AS UNDER. ITA NO. CASES TAX EFFECT AS PER ASST. ORDER ITA 103/BANG/2018 MEENA OSTHWAL 12,53,136 ITA 104/BANG/2018 REKHA OSTHWAL 18,32,801 ITA 105/BANG/2018 VIMALA 13,25,795 ITA 101/BANG/2018 RAJU 11,85,090 ITA 106/BANG/2018 RAJU (HUF) 12,08,564 ITA 102/BANG/2018 RAMESH (HUF) 15,01,774 ITA 100/BANG/2018 AVINASH (HUF) 19,99,609 IN REPLY, IT WAS SUBMITTED BY LD. DR OF REVENUE THA T AS PER THE CIRCULAR NO. 3/2018 DATED 11.07.2018, THE REVENUE HAS TO WITHDRA W THE APPEAL AND THEREFORE, TIME SHOULD BE GRANTED SO THAT THE AO MA Y BE REQUESTED TO WITHDRAW THE APPEAL. 3. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS. WE AR E OF THE CONSIDERED OPINION THAT IN VIEW OF THIS CIRCULAR NO. 3/2018 DATED 11.0 7.2018, ALL THE APPEALS FILED BY THE REVENUE AND ARE PENDING BEFORE THE TRIBUNAL IN WHICH THE TAX EFFECT IS BELOW RS. 20 LACS ARE NOT MAINTAINABLE AND ARE LIAB LE TO BE DISMISSED AS NOT ITA NOS.100 TO 106/BANG/2018 PAGE 3 OF 3 MAINTAINABLE EVEN IF THE SAME IS NOT WITHDRAWN BY T HE REVENUE. HENCE, WE DISMISS ALL THESE APPEALS AS NOT MAINTAINABLE BECAU SE OF LOW TAX EFFECT. 4. IN THE RESULT, ALL THE SEVEN APPEALS FILED BY TH E REVENUE ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON THE DA TE MENTIONED ON THE CAPTION PAGE. SD/- SD/- (SUNIL KUMAR YADAV) (ARUN KUMAR GARODIA) JUDICIAL MEMBER ACCOUNTANT MEMBER BANGALORE, DATED, THE 20 TH JULY, 2018. /MS/ COPY TO: 1. APPELLANT 4. CIT(A) 2. RESPONDENT 5. DR, ITAT, BANGALORE 3. CIT 6. GUARD FILE BY ORDER SENIOR PRIVATE SECRETARY, INCOME TAX APPELLATE TRIBUNAL, BANGALORE.