Assistant Commissioner Of Income Tax, Circle - 1(1), Davanagere V. Shri. Kankara Srinath Reddy, Davanagere

ITA 1209/BANG/2019

• Counselvise Citation: [2019] 115 COUNSELVISE.COM (IT) 3956 (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: 2015-2016
• Appeal Filed On: 27-05-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SHRIV. SREENIVASAN
• Assessee Lawyers: SHRIM. VIJAY KUMAR
• Keywords: Tax effect
• Section: 143(3); 250; 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. 1209 /BANG/201 9 (ASSESSMENT YEAR: 20 15 - 16 ) ASST. COMMISSIONER OF INCOME TAX, CIRCLE 1(1), DAVANGERE. .APPELLANT VS. SHRI KANKARA SRINATH REDDY, NO.1814, 1 ST MAIN, 9 TH CROSS, SRI RAMA NILAYA, VIDYANAGAR, DAVANGERE. RESPONDENT. PAN BCJPS8041K 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 EXA MINAT ION OF CONDONATION PETITION FILED FOR DELAY IN FILING THE APPEAL; WE FIND 2 ITA NO. 1209/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 WA S 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.29.12.2017 OF RS. 32,63,884 (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 APPLICABLE TO THE PENDING APPEALS. HENCE WE DISMISS THE REVE NUES 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 ME MBER JUDICIAL MEMBER DATED: 0 8 .11. 2019. *REDDY GP 3 ITA NO. 1209/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