Income Tax Officer, Ward- 5(2)(4), Bangalore V. M/s. Karnataka State Co-operative Apex Bank Employees Co-operative Society Limited, Bangalore

ITA 1129/BANG/2019

• Counselvise Citation: [2019] 115 COUNSELVISE.COM (IT) 3959 (ITAT-BANGALORE)
• Duration Of Justice: 5 month(s) 19 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 08-11-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2015-2016
• Appeal Filed On: 20-05-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SHRIS. RAMASUBRAMANIAN
• Assessee Lawyers: SHRIM. VIJAY KUMAR
• Keywords: Tax effect
• Section: 143(3); 20

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL BANGALORE BENCHES C BENCH: BANGALORE BEFORE SHRI B.R. BASKARAN, ACCOUNTANT MEMBER AND SHRI PAVAN KUMAR GADALE, JUDICIAL MEMBER ITA. NO. 1129 & 1130/BANG/2019 (ASSESSMENT YEAR S : 20 15 - 16 & 2016 - 17 ) INCOME TAX OFFICER, WARD 5(2)(4), BANGALORE. VS. M/S. KARNATAKA STATE CO - OPERATIVE APEX BANK EMPLOYEES CO - OPERATIVE SOCIETY LIMITED, NO.1, APEX BUILDING, PAMPA MAHAKAVI ROAD, CHAMRAJPET, BANGALORE - 560 018 PAN AAAK 2843E (APPELLANT) (RESPONDENT) ASSESSEE BY: SHRI M. VIJAY KUMAR, ADDL. CIT (D.R) REVENUE BY: SHRI S. RAMASUBRAMANIAN, C.A. DATE OF HEARING : 05.11.2019 DATE OF PRONOUNCEMENT : 08 .11 .2019 O R D E R PER BENCH : THE REVENUE HAS FILED THE APPEALS AGAINST DIFFERENT ORDERS OF C OMMISSIONER OF INCOME TAX (APPEALS) - 5 , BANGALORE PASSED U/S 143(3) R.W.S 147 FOR A.Y. 2015 - 16 AND UNDER SECTION 143(3) OF THE INCOME TAX ACT, 1961 FOR THE A.Y. 2016 - 17 . 2 ITA NO S . 1129 & 1130/BANG/2019 2. AT THE TIME OF HEARING , L ETTER S DT.30.10.2019 W ERE FILED BY THE REVENUE AUTHORITIES SEEKING WITHDRA WAL OF THE APPEALS DUE TO LOW TAX EFFECT AS PER CBDT CIRCULAR NO.3/2018 DT.11.7.2018 AND C IRCULAR NO.17/2019 DT.8.8.2019 . THE TAX LIABILITY INVOLVED IN THE QUANTUM UNDER DISPUTE FOR ASST. YEAR 2015 - 16 IS RS .10,80,577 AND FOR THE AS ST. YEAR 2016 - 17 IS RS.18,12,383 . HENCE AS PER THE CBDT CIRCULAR (REFERRED ABOVE) , NO APPEAL SHALL BE FILED BY THE REVENUE BEFORE THE TRIBUNAL WHERE THE TAX EFFECT IS BELOW RS.50 LAKHS AND IT SHALL ALSO APPLICABLE FOR PENDING APPE ALS . THEREFORE , WE CONSIDERING THE SUBMISSIONS OF THE LD. DR AND THE LETTER S DT. 30.10.2019 FOR WITHDRAWAL OF APPEALS BY THE REVENUE , WE DISMISS THE REVENUES APPEALS IN LIMINE. 3. IN THE RESULT, APPEAL S OF THE REVENUE IN ITA NOS.1129 & 1130/BANG/20 19 ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 8 T H NOV., 2019. S D / - S D / - ( B.R. B ASKARAN ) (PAVAN KUMAR GADALE) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 8 T H NOV., 2019. *REDDY GP 3 ITA NO S . 1129 & 1130/BANG/2019 COPY TO I) THE APPELLANT II) THE RESPONDENT III) CIT (APPEALS) IV) PR. CIT V) DR, ITAT, BANGALORE VI) GUARD FILE BY ORDER ASSISTANT REGISTRAR INCOME - TAX APPELLATE TRIBUNAL BANGALORE