The Deputy Commissioner Of Income Tax, Central Circle- 2(1), Mysuru V. Shri H Omkarappa (HUF), Shivamogga

ITA 1633/BANG/2019

• Counselvise Citation: [2019] 114 COUNSELVISE.COM (IT) 6158 (ITAT-BANGALORE)
• Duration Of Justice: 4 month(s) 3 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 15-11-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2015-2016
• Appeal Filed On: 12-07-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: R. PREMI
• Assessee Lawyers: SHRIS. RAMASUBRAMANIAN
• Keywords: Tax effect
• Section: 143(3); 153A; 250; 13; 20

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL BANGALORE BENCHES C BENCH: BANGALORE BEFORE SHRI A.K. GARODIA , ACCOUNTANT MEMBER AND SHRI PAVAN KUMAR GADALE, JUDICIAL MEMBER ITA. NO. 1 633 /BANG/201 9 (ASSESSMENT YEAR: 20 1 5 - 16 ) DY . COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE 2 (1), MYSURU . .APPELLANT VS. SHRI H OMKARAPPA (HUF), NO.3, A BLOCK, APMC YARD, SAGAR ROAD, SHIVAMOGGA . RESPONDET PAN AABHH1124B APPELLANT BY: SMT. R. PREMI, J CIT (D.R) RESPONDENT BY: SHRI S.RAMASUBRAMANIAN , ADVOCATE. DATE OF HEARING : 13 .11 .2019 DATE OF PRONOUNCEMENT : 15 .11 .2019 O R D E R PER SHRI PAVAN KUMAR GADALE, JM : THE REVENUE HAS FILED AN APPEAL AGAINST THE ORDER OF COMMISSIONER OF INCOME TAX (APPEALS) - 2 , PANAJI, GOA PASSED U/S . 143(3) AND 250 OF THE INCOME TAX ACT, 1961. 2. THE REVENUE HAS FILED A LETTER DT.4.11.2019 WITHDRAWING THE APPEAL IN COMPLIANCE TO CBDT CIRCULAR NO.17/2019 DT.8.8.2019 THE TAX EFFECT IN THE APPEAL 2 ITA NO. 1 633 /BANG/2019 IS BELOW RS.50 LAKHS. WE FIND AS PER THE CBDT CIRCULAR NO. 17/2019 DT.8.8.2019, NO APPEAL SHALL BE FILED B Y THE REVENUE BEFORE THE TRIBUNAL WHERE THE TAX EFFECT IS BELOW RS.50 LAKHS. IN THE PRESENT CASE, THE ASSESSING OFFICER HAS RAISED A DEMAND UNDER SECTION 143(3) R.W.S. 153A VIDE ORDER DT. 27.12. 2019 OF RS. 47,80,180 (INCLUDING INTEREST) WHICH IS NOT DISPUT ED AND THE LEARNED CIT (APPEALS) HAS GRANTED RELIEF. FURTHER THE CIRCULAR OF THE CBDT IS ALSO APPLICABLE TO THE PENDING CASES. ACCORDINGLY, THE TAX DEMAND RAISED BY THE REVENUE AUTHORITIES IS BELOW RS.50 LAKHS AND CIRCULAR IS APPLICABLE TO THE PENDING AP PEALS. HENCE WE DISMISS THE REVENUES APPEAL ON MAINTAINABILITY AND LOW TAX EFFECT. 3. IN THE RESULT, APPEAL OF THE REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 1 5 T H NOV., 2019. S D / - S D / - ( A.K. GARODIA ) (PAVAN KUMAR GADALE) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 1 8 .11. 2019. *REDDY GP 3 ITA NO. 1 633 /BANG/2019 COPY TO 1. THE APPELLANT 2. THE RESPONDENT 3. CIT (A) 4. PR. CIT 5. DR, ITAT, BANGALORE. 6. GUARD FILE BY ORDER ASSISTANT REGISTRAR INCOME - TAX APPELLATE TRIBUNAL BANGALORE