Deputy Commissioner of Income Tax, Shimoga V. Sri. Chand Basha, Shimoga

ITA 1488/BANG/2016

• Counselvise Citation: [2019] 118 COUNSELVISE.COM (IT) 4149 (ITAT-BANGALORE)
• Duration Of Justice: 2 year(s) 5 month(s) 28 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 14-02-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 14-02-2019
• Assessment Year: 2008-2009
• Appeal Filed On: 16-08-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: A R VIVEK
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL BANGALORE BENCH ES B , BANGALORE BEFORE SHRI N.V.VASUDEVAN, VP & SHRI B.R.BASKARAN, AM ITA NO. 1488 / BANG /201 6 : ASST.YEAR 2008 - 2009 THE DY.COMMISSIONER OF INCOME - TAX, CIRCLE 1 SHIVAMOGGA. VS. SRI CHAND BASHA OPP : VINAYAKA PARK BASAVANAGUDI MAIN ROAD SHIVAMOGGA. PAN : ABDPB4174E. (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI R.N.SID DAPP AJI, ADDL.CIT RESPONDENT BY : SHRI A.R.VIVEK, CA DATE OF HEARING : 1 4 .02.2019 DATE OF PRONOUNCEMENT : 14 .02.2019 O R D E R PER B.R.BASKARAN, AM : THE APPEAL FILED BY THE REVENUE IS DIRECTED AGAINST THE ORDER DATED 31.03.2016 PASSED BY LEARNED CIT(A), DEVENGARE AND IT RELATES TO THE ASSESSMENT YEAR 2008 - 2009 . THE REVENUE IS CONTESTING THE DECISION OF THE LEARNED CIT(A) IN GRANTING RELIEF IN RESPECT OF ADDITION RELATING TO URD PURCHASE, TRADE CREDIT, COST OF DEVELOPMENT AND DIESEL EXPENDITURE. 2. AT THE TIME OF HEARING, THE LEARNED DEPARTMENTAL REPRESENTATIVE SUBMITTED THAT THE TAX EF FECT INVOLVED IN THE ABOVE SAID ADDITION S IS LESS THAN RS.20 LAKH S . 3. WE HAVE HEARD THE PARTIES AND PERUSED THE RECORD. THE CBDT, VIDE ITS CIRCULAR NO. 3/2018 DATED 11.07.2018 , HAS PRESCRIBED THE MONETARY LIMIT OF RS.20 LAKH S FOR PREFERRING ITA NO. 1488 / BANG /201 6 . SRI CHAND BASHA . 2 APPEAL BEFORE THE TRIBUNAL BY THE REVENUE. ACCORDINGLY, THE TAX AUTHORITIES HAVE BEEN ADVISED NOT TO PURSUE THE APPEAL , IF THE TAX EFFECT INVOLVED IN THE ADDITIONS CONTESTED BEFORE THE TRIBUNAL BY THE REVENUE IS LESS THAN RS.20 LAKHS . IN THE INSTANT CASE, IT IS ADMITT ED THAT THE TAX EFFECT INVOLVED ON THE ISSUES BEING CONTESTED BY THE REVENUE IS LESS THAN RS.20 LAKH S . IN VIEW OF THE ABOVE SAID CIRCULAR, THE REVENUE IS PRECLUDED FROM PURSUING THIS APPEAL. ACCORDINGLY, WE DISMISS THE APPEAL BY THE REVENUE, IN LIMINE. 4 . IN THE RESULT, THE APPEAL FILED BY THE REVENUE IS DISMISSED . ORDER PRONOUNCED ON THIS 14 TH DAY OF FEBRUARY, 2019 . SD/ - SD/ - (N.V.VASUDEVAN) ( B.R.BASKARAN ) VICE - PRESIDENT ACCOUNTANT MEMBER BANGALORE ; DATED : 14 TH FEBRUARY, 2019 . DEVDAS* COPY OF THE ORDER FORWARDED TO : TRUE COPY BY ORDER, (ASSTT. REGISTRAR) ITAT, BANGALORE 1. THE APPELLANT 2. THE RESPONDENT. 3. THE CIT (A) DAVANGERE. 4. THE PR. CIT DAVANGERE. 5. THE DR, ITAT, BANGALORE 6. GUARD FILE.