ACIT, Bangalore V. Shri. v. Sandesh, Bangalore

ITA 127/BANG/2016

• Counselvise Citation: [2020] 111 COUNSELVISE.COM (IT) 9927 (ITAT-BANGALORE)
• Duration Of Justice: 3 year(s) 10 month(s) 28 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 02-01-2020
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: misc
• Appeal Filed On: 04-02-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: MANJEET SINGH
• Assessee Lawyers: V SRINIVASAN
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH : BANGALORE BEFORE SHRI B.R BASKARAN, ACCOUNTANT MEMBER AND SMT. BEENA PILLAI, JUDICIAL MEMBER SL. NO . ITA / CO NO. A.Y. APPELLANT / CROSS OBJECTOR RESPONDENT 1 127/ BANG/2016 2007-08 THE ASST. COMMISSIONER OF INCOME TAX, CIRCLE-1(2)(1), BENGALURU. SHRI V SANDESH, S/O SHRI VENKATASWAMY, NO.23, 3 RD CROSS, LINGAIAH PALYA, MUNISWAMAPPA ROAD, ULSOOR, BENGALURU-560 008. PAN BDIPS 9841 M 2 128/ BANG/2016 2007-08 THE ASST. COMMISSIONER OF INCOME TAX, CIRCLE-1(2)(1), BENGALURU. SHRI V SANTHOSH, S/O SHRI VENKATASWAMY, NO.23, 3 RD CROSS, LINGAIAH PALYA, MUNISWAMAPPA ROAD, ULSOOR, BENGALURU-560 008. PAN BUOPS 9345 H APPELLANTS BY : SHRI MANJEET SINGH, ADDL. CIT (DR) RESPONDENTS BY : SHRI V SRINIVASAN, ADVOCATE DATE OF HEARING : 1.1.2020 DATE OF PRONOUNCEMENT : 2.1.2020 O R D E R PER B.R BASKARAN, ACCOUNTANT MEMBER : BOTH THE APPEALS FILED BY THE REVENUE ARE DIRECTED AGAINST THE ORDERS PASSED BY THE LD CIT(A) IN THE RESPECTIVE HA NDS OF THE ITA NOS.126 & 127/BANG/2016 PAGE 2 OF 4 ASSESSEES AND THEY RELATE TO THE ASST. YEARS MENTIO NED IN THE CAPTION AGAINST EACH OF THE PARTIES. 2. AT THE OUTSET, THE LD COUNSEL APPEARING FOR THE ASSESSEES SUBMITTED THAT THE TAX EFFECT INVOLVED IN THE ISSUE S CONTESTED BY THE REVENUE DOES NOT EXCEED 50 LAKHS IN EACH OF THESE A PPEALS. ACCORDINGLY IT WAS SUBMITTED THAT THE REVENUE IS PR ECLUDED FROM PURSUING THESE APPEALS AS PER CIRCULAR NO.17/2019 D ATED 8/8/2019 ISSUED BY CENTRAL BOARD OF DIRECT TAXES, W HICH HAS BEEN CLARIFIED BY CBDT AS APPLICABLE TO ALL PENDING APPE ALS, VIDE ITS INSTRUCTION DATED 20/8/2019. ACCORDINGLY, THE LD A .RS SUBMITTED THAT BOTH THESE APPEALS ARE REQUIRED TO BE DISMISSE D IN LIMINE. 3. THE LD DR DID NOT OBJECT TO THE SUBMISSIONS MADE BY THE COUNSELS FOR THE ASSESSEES. 4. ACCORDINGLY WE DISMISS BOTH THE APPEALS OF TH E REVENUE IN LIMINE. HOWEVER LIBERTY IS GIVEN TO THE REVENUE T O MOVE APPLICATION FOR RECALL OF THE ORDER(S), IF IT IS FOUND THAT THE TAX EFFECT INVOLVED ON THE ISSUES DISPUTED IN THE APPEALS IS MORE THAN 50 LAKHS OR IF IT IS FOUND THAT THE ISSUES CONTESTED THEREIN FALL IN THE CATEGORY OF EXCEPTIONS PRESCRIBED BY THE CBDT CIRCULAR OR SUBS EQUENTLY. 5. IN THE RESULT, BOTH THE APPEALS OF THE REVENU E ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 2 ND JANUARY, 2020. SD/- SD/- (BEENA PILLAI) (B.R BASKARA N) JUDICIAL MEMBER ACCOUNTANT ME MBER BANGALORE, DATED, THE 2 ND JANUARY, 2020. /VMS/ ITA NOS.126 & 127/BANG/2016 PAGE 3 OF 4 COPY TO: 1. APPELLANT (S) / CROSS OBJECTOR(S) 2. RESPONDENT(S) 3. CIT 4. CIT(A) 5. DR, ITAT, BANGALORE. 6. GUARD FILE BY ORDER ASSISTANT REGISTRAR, ITAT, BANGALORE ITA NOS.126 & 127/BANG/2016 PAGE 4 OF 4 1. DATE OF DICTATION 2. DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER . 3. DATE ON WHICH THE APPROVED DRAFT COMES TO SR.P.S .. 4. DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE DICTATING MEMBER .. 5. DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR. P.S. .. 6. DATE OF UPLOADING THE ORDER ON WEBSITE.. 7. IF NOT UPLOADED, FURNISH THE REASON FOR DOING SO .. 8. DATE ON WHICH THE FILE GOES TO THE BENCH CLERK .. 9. DATE ON WHICH ORDER GOES FOR XEROX & ENDORSEMENT 10. DATE ON WHICH THE FILE GOES TO THE HEAD CLERK . 11. THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT REGISTRAR FOR SIGNATURE ON THE ORDER . 12. THE DATE ON WHICH THE FILE GOES TO DISPATCH SECTION FOR DISPATCH OF THE TRIBUNAL ORDER . 13. DATE OF DESPATCH OF ORDER. ..