Income Tax Officer Ward-2(1), Hubballi V. M/s Daivajna Pattina Souharda Sahakari Niyamita , Dharwad

ITA 1230/BANG/2017

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 7652 (ITAT-BANGALORE)
• Duration Of Justice: 1 year(s) 1 month(s) 27 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 27-07-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2013-2014
• Appeal Filed On: 30-05-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: PADMAMEENAKSHI J
• Keywords: Tax effect
• Section: 2

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH, BENGALURU BEFORE SHRI N.V.VASUDEVAN, JUDICIAL MEMBER AND SHRI INTURI RAMA RAO, ACCOUNTANT MEMBER ITA NO S .1230 & 1231 /BANG/2017 (ASSESSMENT YEAR S : 2013 - 14 & 2014 - 15 ) INCOME - TAX OFFICER, WARD 2(1), HUBB ALLI. VS. APPELLANT M/S.DAIVAJ NA PATTINA SOUHARDA SAHAKARI NIYAMITA, PB ROAD, NEAR NTTF, DHARWAD. PAN:AAAJD 0190 Q RESPONDENT APPELLANT BY : SMT.PADMAMEENAKSHI, JCIT(DR). RESPONDENT BY : NONE. DATE OF HEARING : 25/07/2018 DATE OF PRONOUNCEMENT : 27 /07/2018 O R D E R PER INTURI RAMA RAO, JM : TH ESE ARE APPEAL S FILED BY THE REVENUE DIRECTED AGAINST THE RESPECTIVE ORDER S OF THE LEARNED COMMISSIONER OF INCOME - TAX (APPEALS), HUBLI, DATED 31/01/2017 FOR THE ASSESSMENT YEAR S 201 3 - 14 2014 - 15. 2. IT IS STATED BEFORE US THAT THE TAX EFFECT IN TH ESE CASE S IS LESS THAN RS. 20 LAKHS AND THEREFORE THE CIRCULAR NO. 3/2018 DATED 11.07.2018 ISSUED BY THE CENTRAL BOARD OF DIRECT TAXES (CBDT) IN EXERCISE OF ITS POWER VESTED UNDER SEC. 2 68A(1) OF THE IT ACT COMES INTO PLAY WHEREIN, THE MONETARY LIMIT FOR FILING THE APPEALS BY THE REVENUE BEFORE THE ITAT AND VARIOUS HIGH COURTS AS WELL AS APEX COURT ARE REVISED WITH AN OBJECT OF THE REDUCING THE TAX LITIGATION. VIDE PARA 3 OF THE SAID CIRC ULAR (SUPRA) IT IS STATED THAT IN CASES WHERE THE TAX EFFECT IN THE APPEALS TO BE FILED BEFORE THE APPELLATE TRIBUNAL DOES NOT EXCEED RS. 20 LAKHS ITA NO . 1 230 & 1231 /BANG/201 7 PAGE 2 OF 2 APPEALS SHOULD NOT BE FILED. THUS TAKING A NOTE OF CBDT CIRCULAR NO. 03/2018, DATED 11.07.2018 AND CONSIDERIN G THE FACT THAT THE TAX EFFECT IN THE INSTANT APPEAL S IS LESS THAN RS. 20 LAKHS, THE PRESENT APPEAL S DESERVE TO BE DISMISSED AS NOT PRESSED/NOT MAINTAINABLE. HOWEVER, WE MAKE IT CLEAR THAT THE ISSUES RAISED IN THE INSTANT APPEAL ARE LEFT OPEN TO BE EXAMINE D IN THE APPROPRIATE PROCEEDINGS, IF ARISES, IN FUTURE. AT THE SAME TIME WE ALSO MAKE IT CLEAR THAT IF THE APPEAL FALL IN ANY OF THE EXCEPTIONS REFERRED TO IN THE ABOVE SAID CBDT CIRCULAR, THE REVENUE IS AT LIBERTY TO MOVE AN APPLICATION FOR RECALLING THE ORDER IF SO ADVISED. 2. ACCORDINGLY, IN THE LIGHT OF CBDT CIRCULAR NO.03/2018 DATED 11/07/2018 THE APPEAL S STAND DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 27 TH JULY 2018 SD/ - SD/ - (N.V.VASUDEVAN) (INTURI RAMA RAO) JUDICIAL MEMBER ACCOUNTANT MEMBER PLACE:BENGALURU. DATE: 27 TH JULY ,2018 SRINIVASULU, SPS COPY TO : 1 APPELLANT 2 RESPONDENT 3 CIT(A) 4 CIT 5 DR, ITAT, BANGALORE. 6 GUARD FILE BY ORDER SENIOR PRIVATE SECRETARY INCOME - TAX APPELLATE TRIBUNAL BENGALURU