Assistant Commissioner Of Income Tax Circle- 6(3)(1), Bangalore V. Sri. M. Kiran Kumar, Bangalore

ITA 1312/BANG/2019

• Counselvise Citation: [2019] 112 COUNSELVISE.COM (IT) 8713 (ITAT-BANGALORE)
• Duration Of Justice: 5 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 19-11-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2015-2016
• Appeal Filed On: 07-06-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: R. PREMI
• Assessee Lawyers: V. SRINIVASAN
• Keywords: Tax effect
• Section: 143(3); 250

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH, BENGALURU BEFORE SHRI B.R. BASKARAN, ACCOUNTANT MEMBER AND SHRI PAVAN KUMAR GADALE, JUDICIAL MEMBER ITA NO.1312/BANG/2019 (ASSESSMENT YEAR: 2015-16) ASST. COMMISSIONER OF INCOME-TAX, CIRCLE 6(3)(1), BENGALURU. VS. APPELLANT SHRI M.KIRAN KUMAR, NO.179, 6 TH C MAIN, HMT LAYOUT, R.T.NAGAR, BENGALURU-560032. PAN:ACUPK6119J RESPONDENT APPELLANT BY : SMT. R.PREMI, JCIT(DR( RESPONDENT BY : SHRI V.SRINIVASAN, ADVOCATE DATE OF HEARING: 18/11/2019 DATE OF PRONOUNCEMENT: 19/11/2019 O R D E R PER PAVAN KUMAR GADALE, JM : THE REVENUE HAS FILED AN APPEAL AGAINST THE ORDER OF COMMISSIONER OF INCOME TAX (APPEALS), BANGALORE-6, BANGALORE PASSED U/S. 143(3) AND 250 OF THE INCOME TAX ACT, 1961. 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 ITA NO.1312/BANG/2019 PAGE 2 OF 2 ASSESSING OFFICER HAS RAISED A DEMAND UNDER SECTION 143(3) VIDE ORDER DT.13.12.2017 OF RS.36,84,517/- (EXCLUDING INTERESTWHICH 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 REVENUES APPEAL ON MAINTAINABILITY AND LOW TAX EFFECT. ORDER PRONOUNCED IN THE OPEN COURT ON 19 TH NOVEMBER, 2019. SD/- SD/- (B.R. BASKARAN) (PAVAN KUMAR GADALE) ACCOUNTANT MEMBER JUDICIAL MEMBER PLACE : BENGALURU D A T E : 19/11/2019 SRINIVASULU, SPS COPY TO : 1 APPELLANT 2 RESPONDENT 3 CIT(A)- 4 CIT 5 DR, ITAT, BANGALORE. 6 GUARD FILE BY ORDER ASSISTANT REGISTRAR INCOME-TAX APPELLATE TRIBUNAL BANGALORE