Assistant Commissioner of Income Tax Circle-4(2)(1), Bangalore V. Shri Radhakrishna Krishnamurthy , Bangalore

ITA 1412/BANG/2018

• Counselvise Citation: [2018] 119 COUNSELVISE.COM (IT) 4156 (ITAT-BANGALORE)
• Duration Of Justice: 5 month(s) 28 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 31-10-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2011-2012
• Appeal Filed On: 03-05-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: P SIDDAPPAJI
• Keywords: Tax effect
• Section: 2

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH, B ENGALURU BEFORE S HRI N.V.VASUDEVAN , VICE PRESIDENT AND SHRI INTURI RAMA RAO , ACCOUNTANT MEMBER I TA NO S . 141 2 & 141 3 / BANG/2 0 1 8 (ASSESSMENT YEAR: 201 1 - 12 ) ASSISTANT COMMISSIONER OF INCOME - TAX , CIRCLE - 4(2)(1 ), BENGALURU. VS. APPELLANT SHRI RADHAKRISHNA KRISHNAMURTHY, NO.370, RAINBOW DRIVE LAYOUT, 8 TH CROSS, SARJAPUR MAIN ROAD, JUNNASANDRA, CARMELRAM POST, BENGALURU - 560 035. PAN:ADUPK 2849 J RESPONDENT APPELLANT BY : SHRI P.SIDDAPP AJI, ADDL.CIT(DR) RESPONDENT BY : NONE. DATE OF HEARING : 31/10/2018 DATE OF PRONOUNCEMENT : 31 /10/2018 O R D E R PER INTURI RAMA RAO, A M : THE INSTANT APPEAL S ARE DIRECTED AGAINST TWO DIFFERENT ORDER S OF THE LEARNED COMMISSIONER OF INCOME - TAX( APPEALS) - 4, BENGALURU , DATED 28/02/2018 FOR THE ASSESSMENT YEAR 20 11 - 12. 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 T AXES (CBDT) IN EXERCISE OF ITS POWER VESTED UNDER SEC. 268A(1) OF THE I NCOME - TAX 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 REDUCING THE TAX LITIGATION. VIDE PARA 3 OF THE SAID CIRCULAR (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 , APPEALS SHOULD NOT ITA NO . 141 2 & 141 3 /BANG/20 18 PAGE 2 OF 2 BE FILED. THUS TAKING NOTE OF CBDT CIRCULAR NO. 03/2018, DATED 11 / 07 / 2018 AND CONSIDERING 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 ISSU ES RAISED IN THE INSTANT APPEAL S ARE LEFT OPEN TO BE EXAMINED IN THE APPROPRIATE PROCEEDINGS, IF ARISE, IN FUTURE. AT THE SAME TIME WE ALSO MAKE IT CLEAR THAT IF THE APPEAL S FALL IN ANY OF THE EXCEPTIONS REFERRED TO IN THE ABOVE SAID CBDT CIRCULAR, THE RE VENUE 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 31 ST OCTOBER 2018. SD/ - SD/ - (N.V.VASUDEVAN) (INTURI RAMA RAO) VICE PRESIDENT ACCOUNTANT MEMBER PLACE : BENGALURU. D A T E D : 31/10/2018 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 TRI BUNAL BANGALORE