ITO, Davangere V. Sri. R.S. Shekarappa, Davangere

ITA 1157/BANG/2015

• Counselvise Citation: [2019] 116 COUNSELVISE.COM (IT) 4999 (ITAT-BANGALORE)
• Duration Of Justice: 4 year(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 21-08-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2009-2010
• Appeal Filed On: 14-08-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: V SRINIVASAN
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL BANGALORE BENCH C BEFORE SHRI N. V. VASUDEVAN, VICE PRESIDENT AND SHRI JASON P BOAZ, ACCOUNTANT MEMBER I.T.A. NO.1157/BANG/2015 (ASSESSMENT YEAR : 2009-10) INCOME TAX OFFICER, WARD 1(5), DAVANGERE. . APPELLANT. VS. SHRI. R. S. SHEKARAPPA, #475, KENCHAMBA TOWERS, COLLEGE ROAD, NITUVALLI NEW EXTN., DAVANGERE. PAN : AZEPS 8988 G .. RESPONDENT. APPELLANT BY : DR. P. V. PRADEEP KUMAR, ADDL.CIT(DR)(ITAT), BENGALURU. RESPONDENT BY : SHRI. V. SRINIVASAN, ADVOCATE DATE OF HEARING : 08.08.2019. DATE OF PRONOUNCEMENT : 21.08.2019. O R D E R PER JASON P BOAZ, A.M. : THIS APPEAL AT THE INSTANCE OF THE REVENUE IS DIRECTED AGAINST THE ORDER PASSED BY THE COMMISSIONER OF INCOME TAX (APPEALS), DAVANGERE DT.05.06.2015 FOR ASSESSMENT YEAR 2009-10. 2. THE LEARNED DEPARTMENTAL REPRESENTATIVE FOR REVENUE SUBMITTED THAT IN THIS APPEAL, THE TAX EFFECT PERTAINING TO THE AMOUNT DISPUTED BY THE REVENUE IS LESS THAN THE MONETARY LIMIT OF RS.50 LAKHS FIXED BY THE 2 ITA NO. NO. 1157/BANG/2015 CBDT IN CIRCULAR NO.17/2019, DT.08.08.2019, WHICH IS IN SUPERSESSION OF ITS CIRCULAR NO.03/2018 DT.11.07.2018 AND AMENDMENT DATED 20.08.2018, IN RELATION TO FILING OF APPEALS BEFORE THE INCOME TAX APPELLATE TRIBUNAL. TAKING INTO CONSIDERATION THE ABOVE, AND ALSO THE FACT THAT THE CBDT CIRCULAR UNDER REFERENCE APPLIES RETROSPECTIVELY EVEN TO PENDING APPEALS, WE HOLD THAT THE ABOVE LISTED APPEAL FILED BY THE REVENUE IS NOT MAINTAINABLE AND LIABLE TO BE DISMISSED IN LIMINE . 3. IN THE RESULT, REVENUES APPEAL FOR ASSESSMENT YEAR 2009-10 IS DISMISSED. REGISTRY IS DIRECTED TO INFORM THE PARTIES ACCORDINGLY. ORDER PRONOUNCED IN THE OPEN COURT ON 21 ST AUGUST, 2019. SD/- (N. V. VASUDEVAN) VICE PRESIDENT SD/- (JASON P BOAZ) A CC OUNT ANT MEMBER BANGALORE, DT. 21.08.2019. *NS COPY TO : 1 APPELLANT 4 CI T(A) 2 RESPONDENT 5 DR. ITAT, BANGALORE 3 CIT 6 GUARD FILE ASST. REGISTRAR INCOME TAX APPELLATE TRIBUNAL BANGALORE.