Asst.C.I.T., Bangalore V. Shri. V. Anantha Kumar, Bangalore

ITA 1441/BANG/2015

• Counselvise Citation: [2016] 131 COUNSELVISE.COM (IT) 9294 (ITAT-BANGALORE)
• Duration Of Justice: 10 month(s) 25 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 03-11-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2005-2006
• Appeal Filed On: 08-12-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: H ANANDA I R
• Assessee Lawyers: C RAMESH
• Keywords: Tax effect
• Section: 10B

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL BANGALORE BENCH B, BANGALORE BEFORE SHRI A. K. GARODIA, ACCOUNTANT MEMBER AND SMT ASHA VIJAYARAGHAVAN, JUDICIAL MEMBER ITA NO.1441 (BANG) 2015 (ASSESSMENT YEAR : 2005-06) THE ACIT, CIRCLE 2 (2) (1), BANGALORE APPELLANT VS SHRI V. ANANTH KUMAR, PROP.: BILIGIRI GRANITES, 50/B, 4 TH FLOOR, VYSHANAVI APARTMENTS, 4 TH CROSS, NEW LINK ROAD, MALLESWARAM, BANGALORE - 560003 PAN: AFSPK9224K RESPONDENT ASSESSEE BY : SHRI C. RAMESH, C. A. REVENUE BY : SHRI H. ANANDA, I.R.S. DATE OF HEARING : 19-10-2016 DATE OF PRONOUNCEMENT: : 03-11-2016 O R D E R PER SHRI A.K.GARODIA, AM THIS IS REVENUES APPEAL DIRECTED AGAINST THE ORDER OF LEARNED CIT (A), 2, BANGALORE DATED 02.06.2015 FOR A. Y. 2005 06. 2. LEARNED DR OF THE REVENUE SUPPORTED THE ASSESSME NT ORDER. LEARNED AR OF THE ASSESSEE SUBMITTED THAT THIS APPE AL FILED BY THE REVENUE IS NOT MAINTAINABLE BECAUSE FOR THE SAME YE AR AGAINST THE SAME ORDER OF CIT (A) AN APPEAL WAS FILED BY THE RE VENUE AND THE SAME ITA NO. 1441 (B) 2015 2 WAS DISMISSED BY THE TRIBUNAL IN ITA NO. 1222/B/201 5 DATED 06.01.2016. HE SUBMITTED A COPY OF THIS TRIBUNAL O RDER. HE POINTED OUT THAT AS PER THIS TRIBUNAL ORDER, THE APPEAL OF THE REVENUE WAS DISMISSED FOR LOW TAX EFFECT IN VIEW OF BOARD CIRCULAR NO. 21 /2015 DATED 10.12.2015 AS PER WHICH, APPEAL OF THE REVENUE IS N OT MAINTAINABLE BEFORE THE TRIBUNAL IF TAX EFFECT IS BELOW RS. 10 L ACS. HE SUBMITTED THAT IN ANY CASE, THIS APPEAL OF THE REVENUE SHOULD BE D ISMISSED AS NOT MAINTAINABLE FOR LOW TAX EFFECT ALSO. LEARNED DR OF THE REVENUE HAD NOTHING TO SAY IN REPLY. 3. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS AND WE FIND FORCE IN BOTH SUBMISSIONS OF THE LEARNED AR OF THE ASSESSEE BECAUSE WE FIND THAT THIS APPEAL OF THE REVENUE IS NOT MAINTAINABLE FOR BOTH REASONS THAT THIS APPEAL IS A DUPLICATE APPEAL BECAUSE AN A PPEAL WAS FILED BY THE REVENUE EARLIER ALSO, WHICH IS ALREADY DISMISSE D BY THE TRIBUNAL AND SECONDLY, THE APPEAL OF THE REVENUE IS NOT MAINTAIN ABLE ON ACCOUNT OF LOW TAX EFFECT BECAUSE THE ONLY ADDITION MADE BY TH E A. O. AFTER REOPENING THE ASSESSMENT U/S 147 WAS OF RS. 926,392 /- BEING DEDUCTION U/S 10B WHICH HAS BEEN DELETED BY CIT (A) AND THE APPEAL IS FILED BY THE REVENUE BEFORE THE TRIBUNAL. HENCE TH IS IS APPARENT THAT THE TAX EFFECT IS BELOW RS. 10 LACS. WE THEREFORE, DISMISS THE APPEAL OF THE REVENUE FOR BOTH THESE REASONS AND OBSERVE THAT THE REVENUE SHOULD TAKE CARE AND SHOULD NOT FILE DUPLICATE APPEALS. ITA NO. 1441 (B) 2015 3 4. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISM ISSED. ORDER PRONOUNCED IN THE OPEN COURT ON THE DATE MENT IONED ON THE CAPTION PAGE. SD/- (SMT ASHA VIJAYARAGHAVAN SD/- (A.K. GARODIA) JUDICAL MEMBER ACCOUNTANT MEMBER PLACE: BANGALORE: D A T E D : 03.11.2016 AM * COPY TO : 1 APPELLANT 2 RESPONDENT 3 CIT(A)-II BANGALORE 4 CIT 5 DR, ITAT, BANGALORE. 6 GUARD FILE BY ORDER AR, ITAT, BANGALORE ITA NO. 1441 (B) 2015 4 1. DATE OF DICTATION 2. , , DATE ON WHICH TYPED DRAFT IS PLACED BEFORE THE DICT ATING MEMBER .. 3. !' # . $ %# / $ %# # & DATE ON WHICH THE APPROVED DRAFT COMES TO THE PS/SR .PS. 4. ''() & * + DATE ON WHICH THE ORDER IS PLACED BEFORE THE DICTAT ING MEMBER FOR PRONOUNCEMENT 5. * . %# / # . . %# # + DATE ON WHICH THE ORDER COMES BACK TO THE PS/SR.PS .. 6 * !', + DATE OF UPLOADING THE ORDER ON WEBSITE .. 7. ! !', ' , - ) IF NOT UPLOADED, FURNISH THE REASON FOR DOING SO . 8. .% / 0 + DATE ON WHICH THE FILE GOES TO THE BENCH CLERK .. 9. * 1'2 / 34 & 5 + DATE ON WHICH ORDER GOES FOR XEROX &ENDORSEMENT 10. 0 6 / + DATE ON WHICH THE FILE GOES TO THE HEAD CLERK 11. * 7 & 0 8 + THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT RE GISTRAR FOR SIGNATURE ON THE ORDER . 12. !) * 9() & 0 9() /#5 . + THE DATE ON WHICH THE FILE GOES TO DESPATCH SECTION FOR DESPATCH OF THE TRIBUNAL ORDER 13. * 9() + DATE OF DESPATCH OF ORDER .