Income Tax Officer Ward-5(3)(1), Bangalore V. Sri Subba Rao Pantulu Ivaturi , Bangalore

ITA 1285/BANG/2018

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 3470 (ITAT-BANGALORE)
• Duration Of Justice: 4 month(s) 3 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-08-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2013-2014
• Appeal Filed On: 19-04-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect

Judgement Text

ITA.1285/BANG/2018 PAGE - 1 IN THE INCOME TAX APPELLATE TRIBUNAL BENGALURU BENCH 'C', BENGALURU BEFORE SHRI. A. K. GARODIA, ACCOUNTANT MEMBER AND SHRI. LALIET KUMAR, JUDICIAL MEMBER I.T.A NO.1285/BANG/2018 (ASSESSMENT YEAR : 2013-14) INCOME-TAX OFFICER, WARD -5(3)(1), BENGALURU .. APPELLANT V. SRI SUBBA RAO PANTULU IVATURI, FLAT NO.A-401, MAYFLOWER APARTMENTS, PLOT NO.24/2, HORAMAVU AGARA ROAD NEAR BBMP OFFICE, BENGALURU 560 043 .. RESPONDENT PAN : ABDPI6747A ASSESSEE BY : NONE REVENUE BY : SHRI. S. T. SESHADRI, JCIT HEARD ON : 20.08.2018 PRONOUNCED ON : 23.08.2018 O R D E R PER LALIET KUMAR, JUDICIAL MEMBER : THE PRESENT APPEAL IS FILED BY THE REVENUE AGAINST THE ORDER OF THE CIT (A) -5, BENGALURU, DT.25.01.2018, FOR TH E ASSESSMENT YEAR 2013-14, ON VARIOUS GROUNDS OF APPEAL. ITA.1285/BANG/2018 PAGE - 2 02. FACTS OF THE CASE ARE THAT THE AO HAS DISALLOWE D THE CLAIM OF THE ASSESSEE U/S.54 OF THE ACT, TO THE TUNE OF RS.5 4,43,576/- IN THE RETURN OF INCOME AND THEREBY ADDED THE SAME AND ENH ANCED THE TAX DEMAND AT RS.17,99,550/-, AGAINST WHICH THE ASSESSE E FILED APPEAL BEFORE THE CIT (A). THE CIT (A) HAS DISMISSED THE APPEAL, AGAINST WHICH THE REVENUE IS IN APPEAL BEFORE THIS TRIBUNAL . 03. AT THE OUTSET, WE FIND THAT THE TAX EFFECT PERTAINING TO THE AMOUNT DISPUTED BY THE REVENUE IS LESS THAN THE MON ETARY LIMIT OF RS.20 LAKH FIXED BY THE CBDT IN CIRCULAR NO. 03/201 8, DATED 11/07/2018, WHICH IS IN SUPERSESSION OF ITS CIRCULA R NO. 21/2015 DATED 10/12/2015, IN RELATION TO FILING OF APPEALS BEFORE THE INCOME TAX APPELLATE TRIBUNAL. TAKING INTO CONSIDER ATION THE AFORESAID SUBMISSIONS OF BOTH THE ID. AUTHORIZED RE PRESENTATIVE FOR THE ASSESSEE AND THE DEPARTMENTAL REPRESENTATIV E FOR THE REVENUE AND ALSO THE FACT THAT THE CBDT CIRCULAR UN DER REFERENCE APPLIES RETROSPECTIVELY EVEN TO PENDING APPEALS, WE HOLD THAT THE APPEAL FILED BY THE REVENUE IS NOT MAINTAINABLE AND LIABLE TO BE DISMISSED IN LIMINE. 04. WE MAY ALSO MENTION THAT AN AMENDED CIRCULAR WA S ISSUED BY THE CBDT IN THIS REGARD, IN F NO.279/MISC.142/20 07-ITJ (PT), DT.20.08.2018, AMENDING PARA 10 OF THE CIRCULAR NO. 3 OF 2018, DT.11.07.2018, WHICH GIVES CERTAIN EXCEPTIONS FOR T HE APPLICATION OF THE CIRCULAR. WE ARE OF THE OPINION THAT THE PR ESENT CASE DOES NOT FALL IN ANY OF THE EXCEPTIONS MENTIONED IN THE CIRCULAR. ITA.1285/BANG/2018 PAGE - 3 05. IN THE RESULT, THE REVENUE'S APPEAL FOR ASST. Y EAR 2013-14 IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 23 RD AUGUST , 2018. SD/- SD/- (A. K. GARODIA) (LALIET KUMAR) ACCOUNTANT MEMBER JUDICIAL MEMBER BENGALURU DATED : 23 RD AUGUST, 2018 MCN* COPY TO: 1. THE ASSESSEE 2. THE ASSESSING OFFICER 3. THE COMMISSIONER OF INCOME-TAX 4. COMMISSIONER OF INCOME-TAX(A) 5. DR 6. GF, ITAT, BANGALORE BY ORDER SENIOR PRIVATE SECRETARY, INCOME TAX APPELLATE TRIBUNAL, BANGALORE.