Income Tax Officer (Exemptions) Ward-1 , Mysore V. M/s Mysore City Police Welfare Trust(R) , Mysore

ITA 1593/BANG/2018

• Counselvise Citation: [2018] 119 COUNSELVISE.COM (IT) 1469 (ITAT-BANGALORE)
• Duration Of Justice: 6 month(s) 12 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 27-11-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2008-2009
• Appeal Filed On: 15-05-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: DR P V PRADEEP KUMAR
• Assessee Lawyers: V SRINIVASAN
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH, B ENGALURU BEFORE S HRI N.V.VASUDEVAN , VICE PRESIDENT AND SHRI INTURI RAMA RAO , ACCOUNTANT MEMBER I TA NO. 1593 / BANG/2 0 1 8 (ASSESSMENT YEAR: 20 08 - 09 ) INCOME - TAX OFFICER (EXEMPTIONS), WARD 1, MYSORE. APPEL LANT VS. MYSORE CITY POLICE WELFARE TRUST (R), MIRZA ROAD, NAZARBAD, MYSORE . PAN: AABTM 7974 L RESPONDENT A PPELLANT BY : DR. P.V.PRADEEP KUMAR, ADDL.CIT(DR) RESPONDENT BY : SHRI V.SRINIVASAN, ADVOCATE. DATE OF HEARING : 26 /11/201 8 DATE OF PRONOUNCEMENT : 27 /11/2018 O R D E R PER INTURI RAMA RAO, A M: THE INSTANT APPEAL IS DIRECTED AGAINST THE ORDER OF THE LEARNED COMMISSIONER OF INCOME - TAX (APPEALS), MYSORE, DATED 30/11/2017 FOR THE ASSESSMENT YEAR 2008 - 09. 2. IT IS STATED BEFORE US THAT THE TAX EFFECT IN THIS CASE IS LESS THAN RS.20 LAKHS AND THEREFORE T HE CIRCULAR NO. 3/2018 DATED 11/ 07 / 2018 ISSUED BY THE CENTRAL BOARD OF DIRECT TAXES (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 BE FILED. THUS TAKING NOTE OF CBDT CIRCULAR NO. 03/2018, DATED 11 / 07 / 2018 AND CONSIDERING THE FACT THAT THE TAX EF FECT IN THE ITA NO . 1593 /BANG/20 1 8 PAGE 2 OF 2 INSTANT APPEAL IS LESS THAN RS. 20 LAKHS, THE PRESENT APPEAL DESERVES TO BE DISMISSED AS NOT PRESSED/NOT MAINTAINABLE. HOWEVER, WE MAKE IT CLEAR THAT THE ISSUES RAISED IN THE INSTANT APPEAL ARE LEFT OPEN TO BE EXAMINED IN THE APPROPRIATE PROCEE DINGS, IF ARISE, IN FUTURE. AT THE SAME TIME WE ALSO MAKE IT CLEAR THAT IF THE APPEAL FALL IN ANY OF THE EXCEPTIONS REFERRED TO IN THE ABOVE SAID CBDT CIRCULAR, THE REVENUE 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 STANDS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 27 TH NOVEMBER, 2018 S D/ - SD/ - (N.V.VASUDEVAN) ( INTURI RAMA RAO) VICE PRESIDENT ACCOUNTANT M EMBER PLACE : BENGALURU. D A T E D : 27 / 1 1 /201 8 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 TRIBUNAL BANGALORE