Deputy Commissioner Of Income Tax, Circle- 1(1)(2), Bangalore V. M/s. Birdy Exports Private Limited, Bangalore

ITA 1375/BANG/2019

• Counselvise Citation: [2020] 111 COUNSELVISE.COM (IT) 3657 (ITAT-BANGALORE)
• Duration Of Justice: 9 month(s) 3 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 04-03-2020
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2013-2014
• Appeal Filed On: 31-05-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: A RAMESH KUMAR
• Assessee Lawyers: B T SHETTY
• Keywords: Tax effect
• Section: 143(3); 250; 201

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL BANGALORE BENCHES A BENCH: BANGALORE BEFORE SHRI A.K. GARODIA , ACCOUNTANT MEMBER AND SHRI PAVAN KUMAR GADALE, JUDICIAL MEMBER ITA NO. 1375 /BANG/201 9 (ASSESSMENT YEAR: 201 3 - 14 ) DY. COMMISSIONER OF INCOME TAX, CIRCLE 1(1)(2), BANGALORE. .APPELLANT PAN VS. M/S. BIRDY EXPORTS PVT. LTD. , 2 ND CROSS, 3 RD MAIN, INDUSTRIAL SUBURB, YESHWANTHAPURA, BA NGALORE - 560 022 . RESPONDENT. ASSESSEE BY: SHRI B.T.SHETTY, C.A. REVENUE BY: SHRI A. RAMESH KUMAR, JCIT (D.R) DATE OF HEARING : 03.03 .20 20 DATE OF PRONOUNCEMENT : 04 .03 .20 20 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) - 1, BANGALORE PASSED U/S . 143(3) AND 250 OF THE INCOME TAX ACT, 1961. 2 ITA NO. 1375/BANG/2019 2. THE REVENUE HAS FILED THIS APPEAL WHERE THE TAX EFFECT IN THE APPEAL IS RS.34 , 36,132 WHICH IS BELOW RS.50 LAKHS. 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 RAISE D A DEMAND UNDER SECTION 143(3) AND 250 OF THE ACT VIDE ORDER DT.29.01.2016 OF RS.34,36,132 (INCLUDING 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 CA SES. ACCORDINGLY, THE TAX DEMAND RAISED BY THE REVENUE AUTHORITIES ARE BELOW RS.50 LAKHS AND CIRCULAR IS APPLICABLE TO THE PENDING APPEALS. HENCE WE DISMISS THE REVENUES APPEAL ON MAINTAINABILITY AND LOW TAX EFFECT. 3. IN THE RESULT, APPEAL OF THE REVENUE IS DISMISSED. PRONOUNCED IN THE OPEN COURT ON THE DATE MENTIONED ON THE CAPTION PAGE. ( A.K. GARODIA ) (PAVAN KUMAR GADALE) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 0 4 .03. 20 20 . *REDDY GP 3 ITA NO. 1375/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