Income Tax Officer, Bangalore V. Sri Venkatesan, Bangalore

ITA 1049/BANG/2014

• Counselvise Citation: 104921114 RSA 2014
• Duration Of Justice: 1 year(s) 4 month(s) 22 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 29-12-2015
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 29-12-2015
• Assessment Year: 2008-2009
• Appeal Filed On: 07-08-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: DR P K SRIHARI
• Assessee Lawyers: GANGADHAR SASTRY K
• Keywords: Audit objection; Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH : BANGALORE BEFORE SMT. ASHA VIJAYARAGHAVAN, JUDICIAL MEMBER AND BEFORE SHRI ABRAHAM P GEORGE, ACCOUNTANT MEMBER ITA NO. 1049/ BANG/20 14 (ASSESSMENT YEAR: 2008 - 09 ) INCOME - TAX OFFICER, WARD 10(2), BANGALORE. VS. APPELLANT SHRI VENKATESAN, 7, KAVERI LAYOUT, DRC POST, SUDDAGUNTA PALYA, BANGALORE - 560029 PAN: AAXPV 2457 P RESPONDENT APPELLANT BY: DR.P.K.SRIHARI, ADDL.CIT(DR) RESPONDENT BY: SHRI GANGADHAR SASTRY K DATE OF HEARING : 29/12/2015 DATE OF PRONOUNCEMENT: 29 / 12 /2015. O R D E R PER SMT.ASHA VIJAYARAGHAVAN, JM: THIS IS AN APPEAL FILED BY REVENUE DIRECTED AGAINST ORDER DATED 14/04/2014 OF CIT (A) ,LTU, BANGALORE, FOR A. Y.2008 - 09. 02. WHEN THE AP PEAL WAS TAKEN UP FOR HEARING LD. COUNSEL FOR THE ASSESSEE POINTED OUT THAT TAX EFFECT INVOLVED IN THIS APPEAL ITA NO . 1049 /BANG/201 4 SHRI VEN KATESAN PAGE 2 OF 3 WAS LESS THAN RS.10 LAKHS FOR THE IMPUGNED ASSESSMENT YEAR AND BY VIRTUE OF CIRCULAR NO.21/2015, DT.10.12.2015, WAS BELOW THE LIMITS LAID D OWN FOR FILING APPEALS BEFORE THIS TRIBUNAL. 03. LD. DR SUBMITTED THAT PARA 8 OF THE CIRCULAR WAS APPLICABLE IN THIS CASE. THEREFORE HE DID NOT OBJECT TO THE APPLICATION OF THE CIRCULAR. HOWEVER LD DR STATED THAT EXISTENCE OR NOT OF ANY REVENUE AUDIT O BJECTIONS LEADING TO THE FILING OF THE APPEAL NEEDED TO BE ASCERTAINED. 04. WE HAVE PERUSED THE ORDERS AND HEARD THE CONTENTIONS. PARA 4 OF THE CIRCULAR NO.21/2015 (SUPRA) IS REPRODUCED HEREUNDER : 4. FOR THIS PURPOSE, TAX EFFECT MEANS THE DIFFERENCE BETWEEN THE TAX ON THE TOTAL INCOME ASSESSED AND THE TAX THAT WOULD HAVE BEEN CHARGEABLE HAD SUCH TOTAL INCOME BEEN REDUCED BY THE AMOUNT OF INCOME IN RESPECT OF THE ISSUES AGAINST WHICH APPEAL IS INTENDED TO BE FILED (HEREINAFTER REFERRED TO AS DISPUTED ISSUES ). HOWEVER THE TAX WILL NOT INCLUDE ANY INTEREST THEREON, EXCEPT WHERE CHARGEABILITY OF INTEREST ITSELF IS IN DISPUTE. IN CASE THE CHARGEABILITY OF INTEREST IS THE ISSUE UNDER DISPUTE, THE AMOUNT OF INTEREST SHALL BE THE TAX EFFECT. IN CASES WHE RE RETURNED LOSS IS REDUCED OR ASSESSED AS INCOME, THE TAX EFFECT WOULD INCLUDE NOTIONAL TAX ON DISPUTED ADDITIONS. IN CASE OF PENALTY ORDERS, THE TAX EFFECT WILL MEAN QUANTUM OF PENALTY DELETED OR REDUCED IN THE ORDER TO BE APPEALED AGAINST. 05. THE TA X EFFECT ON THE ISSUES AND / OR THE PENALTY THAT IS DISPUTED BY THE REVENUE IS LESS THAN RS.10 LAKHS FOR THE IMPUGNED ASSESSMENT YEAR / YEARS. CONSTITUTIONAL VALIDITY OF ANY PROVISIONS OF THE ACT OR RULES NOR THE LEGALITY OR VIRES OF ANY ITA NO . 1049 /BANG/201 4 SHRI VEN KATESAN PAGE 3 OF 3 BOARD ORDER, NOTI FICATION, INSTRUCTION OR CIRCULAR WAS AN ISSUE BEFORE THE LOWER AUTHORITIES. REVENUE HAS NOT BROUGHT TO OUR NOTICE ANYTHING TO SHOW THAT THE APPEAL AROSE ON AN ISSUE EMANATING FROM ANY REVENUE AUDIT OBJECTIONS ACCEPTED BY THE DEPARTMENT. ADDITION GIVING RISE TO THE APPEALS DOES NOT RELATE TO ANY UNDISCLOSED FOREIGN ASSETS / BANK ACCOUNTS. THUS WE FIND THAT THE CIRCULAR NO.21/ 2015 (SUPRA) IS SQUARELY APPLICABLE IN THIS CASE. HOWEVER IF REVENUE, AT A LATER STAGE FIND THAT APPEAL ARISE OUT OF ISSUES E MANATING FROM AUDIT OBJECTION IT WILL BE FREE TO FILE MP FOR RECALLING THIS ORDER. 06. WITH THE ABOVE OBSERVATIONS APPEAL OF THE REVENUE IS DISMISSED. PRONOUNCED IN THE OPEN COURT ON 29 TH DECEMBER , 201 5 . SD/ - SD/ - (ABRAHAM P GEORGE) ( SMT.ASHA VIJAYARAGHAVAN ) ACCOUNTANT MEMBER JUDICIAL MEMBER E KSRINIVASULU ,SPS COPY TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR, ITAT, BANGALORE. 6. GUARD FILE BY ORDER ASSISTANT REGISTRAR INCOME - TAX APPELLATE T RIBUNAL BANGALORE