Assistant Commissioner Of Income Tax, Circle- 2(1), Davangere V. Sri D Sudhakar, Challakere

ITA 1206/BANG/2019

• Counselvise Citation: [2019] 115 COUNSELVISE.COM (IT) 3957 (ITAT-BANGALORE)
• Duration Of Justice: 5 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 08-11-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2010-2011
• Appeal Filed On: 27-05-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: M VIJAY KUMAR
• Keywords: Tax effect
• Section: 143(3); 250

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL BANGALORE BENCHES B BENCH: BANGALORE BEFORE SHRI B.R. BASKARAN, ACCOUNTANT MEMBER AND SHRI PAVAN KUMAR GADALE, JUDICIAL MEMBER ITA. NO. 1206 /BANG/201 9 (ASSESSMENT YEAR: 20 10 - 11 ) ASST. COMMISSIONER OF INCOME TAX, CIRCLE 1(1), DAVANGERE. .APPELLANT VS. SHRI D. SUDHAKAR REDDY, M/S. 7 HILLS DISTILLERIES PVT. LTD., PAVAGAD ROAD, CHALLAKERE. RESPONDET PAN AEOPS 9859P ASSESSEE BY: SHRI M. VIJAY KUMAR, ADDL. CIT (D.R) REVENUE BY: SHRI V. SREENIVASAN, ADVOCATE. DATE OF HEARING : 07.11 .2019 DATE OF PRONOUNCEMENT : 08 .11 .2019 O R D E R PER SHRI PAVAN KUMAR GADALE, JM : THE REVENUE HAS FILED AN APPEAL AGAINST THE ORDER OF COMMISSIONER OF INCOME TAX (APPEALS), DAVANGERE PASSED U/S . 143(3) AND 250 OF THE INCOME TAX ACT, 1961. WE FIND THERE IS DELAY OF 12 DAYS IN FILING THE APPEAL AND ON EXAMINATION OF CONDONATION PETITION FILED FOR DELAY IN FILING THE APPEAL; WE FIND 2 ITA NO. 1206/BANG/2019 REASONS EXPLAIN E D IN THE AFFIDAVIT ARE REASONABLE AND WE CONDONE THE DELAY AND ADMIT THE APPEAL. 2. AT THE TIME OF HEARING, IT WAS BROUGHT TO THE KNOWLEDGE OF THE BENCH THE TAX EFFECT IN THE APPEAL IS BELOW RS.50 LAKHS THEREFORE COVERED BY CBDT CIRCULAR NO.17/2019 DT.8.8.2019. WE FIND AS PER THE CBDT CIRCULAR NO. 17/2019 DT.8.8 .2019, NO APPEAL SHALL BE FILED BY THE REVENUE BEFORE THE TRIBUNAL WHERE THE TAX EFFECT IS BELOW RS.50 LAKHS. IN THE PRESENT CASE, THE ASSESSING OFFICER HAS RAISED A DEMAND UNDER SECTION 143(3) VIDE ORDER DT.31.03.2016 OF RS.37,29,357 (EXCLUDING INTEREST ) WHICH IS NOT DISPUTED AND THE LEARNED CIT (APPEALS) HAS GRANTED RELIEF. FURTHER THE CIRCULAR OF THE CBDT IS ALSO APPLICABLE TO THE PENDING CASES. ACCORDINGLY, THE TAX DEMAND RAISED BY THE REVENUE AUTHORITIES IS BELOW RS.50 LAKHS AND CIRCULAR IS APPLICA BLE TO THE PENDING APPEALS. HENCE WE DISMISS THE REVENUES APPEAL ON MAINTAINABILITY AND LOW TAX EFFECT. 3. IN THE RESULT, APPEAL OF THE REVENUE IS 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: 0 8 .11. 2019. *REDDY GP 3 ITA NO. 1206/BANG/2019 COPY TO 1. THE APPELLANT 2. THE RESPONDENT 3. CIT (A) 4. PR. CIT 5. DR, ITAT, BANGALORE. 6. GUARD FILE BY ORDER ASSISTANT REGISTRAR INCOME - TAX APPELLATE TRIBUNAL BANGALORE