Income Tax Officer Ward - 1, Hospet V. Md. Akhtar Khan, Hospet

ITA 1456/BANG/2018

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 0259 (ITAT-BANGALORE)
• Duration Of Justice: 4 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 07-09-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2014-2015
• Appeal Filed On: 07-05-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SIDDAPPAYI R N
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL BANGALORE BENCH A BEFORE SHRI N. V. VASUDEVANV, JUDICIAL MEMBER AND SHRI A. K. GARODIA, ACCOUNTANT MEMBER I.T.A. NO. 1456/BANG/2018 (ASSESSMENT YEAR: 2014 15) ITO, WARD 1, HOSAPETE. APPELLANT. VS. MD. AKHTAR KHAN, 2 ND CROSS, OPP. HIGH SCHOOL, COLLEGE ROAD, HOSPET - 583201 PAN AKHPK8689A RESPONDENT. ASSESSEE BY : NONE RE VENUE BY : S HRI SIDDAPPAYI R. N. ADDL. C IT DR . DATE OF HEARING : 03. 09.2018 DATE OF PRONOUNCEMENT: 07 .09.2018 O R D E R PER SHRI A. K. GARODIA, A.M. : THIS APPEAL IS FILED BY THE REVENUE AND THIS APPEAL IS DIRECTED AGAINST THE ORDER OF THE CIT (A) GULBARGA DATED 26.02.2018 FO R A. Y. 2014 - 15. 2. IN THIS CASE, THE AO IMPOSED A PENALTY OF RS. 14 ,99,470/- U/S 271 (1) (C) OF THE I. T. ACT AND WHEN THE ASSESSEE CARRIED THE MATTER IN APPEAL BEFORE CIT (A), HE DELETED THIS PENALTY AND THE REVENUE IS NOW IN APPE AL BEFORE THE TRIBUNAL AGAINST THIS ORDER OF CIT (A). HENCE, IT IS SEEN TH AT THE TAX EFFECT IN THIS CASE IS BELOW RS. 20 LACS AND THEREFORE, AS PER THE RECENT CBDT INSTRUCTIONS AS PER CIRCULAR NO. 3/2018 DATED 11.07.2018, THIS APPEAL O F THE REVENUE IS NOT MAINTAINABLE. WHEN THIS WAS POINTED OUT BY THE BEN CH, THE LEARNED DR OF THE REVENUE HAD NOTHING TO SAY. 3. HENCE, WE HEARD THIS APPEAL EX PARTE QUA THE ASS ESSEE AND HOLD THAT AS PER THE RECENT CBDT INSTRUCTIONS AS PER CIRCULAR NO. 3/ 2018 DATED 11.07.2018, THIS 2 ITA NO.1456/BANG/2018 APPEAL OF THE REVENUE IS NOT MAINTAINABLE. ACCORDI NGLY, THIS APPEAL OF THE REVENUE IS DISMISSED BECAUSE OF LOW TAX EFFECT. 4. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISM ISSED. ORDER PRONOUNCED IN THE OPEN COURT ON THE DA TE MENTIONED ON THE CAPTION PAGE. SD/- SD/- (N. V. VASUDEVAN) (A. K. GARODIA) JUDICIAL MEMBER ACCOUNTANT MEMBER BANGALORE, DATED: 07.09.2018. MS* COPY TO: 1. APPELLANT 4. CIT(A) 2. RESPONDENT 5. DR, ITAT, BANGALORE 3. CIT 6. GUARD FILE BY ORDER SENIOR PRIVATE SECRETARY, INCOME TAX APPELLATE TRIBUNAL, BANGALORE.