Asst.C.I.T., Bellary V. Shri Sher Singh Parmar, Hospet

ITA 1163/BANG/2016

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 0169 (ITAT-BANGALORE)
• Duration Of Justice: 2 year(s) 3 month(s) 18 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 20-09-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2008-2009
• Appeal Filed On: 02-06-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SRINANDINI DAS
• Assessee Lawyers: B S BALACHANDRAN
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH : BANGALORE BEFORESHRI ARUN KUMAR GARODIA, ACCOUNTANT MEMBER AN D SHRI LALIET KUMAR, JUDICIAL MEMBER ITA NO. 1163 /BANG/201 6 ASSESSMENT YEAR : 20 08 - 2009 THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE 1, BELLARY. VS. SHRI SHER SINGH PARMAR, BUS OWNER, K.R. ROAD, RANIPET, HOSPET. PAN: AGAPP7299L APPELLANT RESPONDENT & C.O. NO. 49/BANG/2017 (IN ITA NO. 1163/BANG/2016) BY ASSESSEE ASSESSEE BY : SHRI B.S. BALACHANDRAN, ADVOCATE RE VENUE BY : SMT. SRINANDINI DAS, ADDL. CIT (DR) DATE OF HEARING : 1 8 . 0 9 .2018 DATE OF PRONOUNCEMENT : 20 . 0 9 .2018 O R D E R PER SHRI A.K. GARODIA, ACCOUNTANT MEMBER THIS APPEAL IS FILED BY THE REVENUE AND THE C.O. IS FILED BY THE ASSESSEE AND THESE ARE DIRECTED AGAINST THE ORDER OF LD. CIT(A), GULBARGA DATED 28.03.2016 FOR ASSESSMENT YEAR 2008-09. 2. AT THE VERY OUTSET, IT WAS SUBMITTED BY LD. AR O F ASSESSEE THAT HE IS NOT PRESSING THE C.O. FILED BY ASSESSEE AND REGARDING T HE APPEAL OF REVENUE, HE SUBMITTED THAT THE TAX EFFECT IN THIS APPEAL IS BEL OW RS. 20 LAKHS. HE POINTED OUT THAT THE PENALTY OF RS. 11.80 LAKHS WAS IMPOSED BY AO U/S. 271 (1)(C) OF IT ACT WHICH HAS BEEN DELETED BY CIT(A) AND PRESENT AP PEAL OF REVENUE IS REGARDING SUCH DELETION OF PENALTY RS. 11.80 LAKHS. THE LD. DR OF REVENUE HAD NOTHING TO SAY IN REPLY. ITA NO. 1163/BANG/2016 & C.O. NO. 49/BANG/2017 PAGE 2 OF 2 3. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS AND GON E THROUGH THE MATERIAL AVAILABLE ON RECORD AND SINCE THE C.O. IS NOT PRESS ED BY ASSESSEE, THE SAME IS DISMISSED AS NOT PRESSED. REGARDING THE APPEAL OF REVENUE, WE FIND THAT TAX EFFECT IS BELOW RS. 20 LAKHS. THEREFORE, AS PER THE RECENT CBDT INSTRUCTIONS AS PER CIRCULAR NO. 3/2018 DATED 11.07.2018, THIS APPE AL OF THE REVENUE IS NOT MAINTAINABLE. ACCORDINGLY, THIS APPEAL OF THE REVE NUE IS DISMISSED BECAUSE OF LOW TAX EFFECT. 4. IN THE RESULT, THE APPEAL OF REVENUE AND THE C.O . OF ASSESSEE ARE DISMISSED. OR DER PRONOUNCED IN THE OPEN COURT ON THE DATE MENTIO NED ON THE CAPTION PAGE. SD/- SD/- (LALIET KUMAR) (ARUN KUMAR GARODIA) JUDICIAL MEMBER ACCOUNTANT MEMBER BANGALORE, DATED, THE 20 TH SEPTEMBER, 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.