Assistant Commissioner Of Income Tax Circle - 6 (3)(1), Bengaluru V. Sri C. Aswathanarayana , Devenahalli

ITA 1698/BANG/2018

• Counselvise Citation: [2018] 122 COUNSELVISE.COM (IT) 4044 (ITAT-BANGALORE)
• Duration Of Justice: 4 month(s) 20 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 10-10-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2003-2004
• Appeal Filed On: 21-05-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: S V RAVISHANKAR
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH, B ENGALURU BEFORE S HRI SUNIL KUMAR YADAV, JUDICIAL MEMBER AND SHRI INTURI RAMA RAO, ACCOUNTANT MEMBER I TA NO S . 1698 & 1699 / BANG/2 0 1 8 (ASSESSMENT YEAR S : 2003 - 04 & 2004 - 05 ) ASSISTANT COMMISSIONER OF INCOME - TAX , CIRCLE 6(3)(1), BENGALURU. VS. APPELLANT SHRI C.ASWATHANARAYANA, C/O CHIKKAPPAIAH, NO.639, SULEBELE MAIN ROAD, DEVANAHALLI - 562110. RESPONDENT APPELLANT BY : SHRI R.N.SIDDAPPAJI, ADDL.CIT RESPONDENT BY : SHRI S.V.RAVISHANKA R, ADVOCATE. DATE OF HEARING : 10/10/2018 DATE OF PRONOUNCEMENT : 10 /10/2018 O R D E R PER I NTURI RAMA RAO, AM : THE INSTANT APPEAL S ARE DIRECTED AGAINST THE CONSOLIDATED ORDER OF THE LEARNED COMMISSIONER OF INCOME - TAX(APPEALS), BENGALURU - 6, BENGALURU, DATED 04/121/2017 FOR THE ASSESSMENT YEARS 2003 - 04 AND 2004 - 05. 2. IT IS STATED BEFORE US THAT THE TAX EFFECT IN TH E S E CASE S IS LESS THAN RS. 20 LAKHS AND THEREFORE T HE CIRCULAR NO. 3/2018 DATED 11/ 07 / 2018 ISSUED BY THE CENTRAL BOARD OF D IRECT TAXES (CBDT) IN EXERCISE OF ITS POWER VESTED UNDER SEC. 268A(1) OF THE I NCOME - TAX ACT ,1961 COMES INTO PLAY WHEREIN, THE MONETARY LIMIT FOR FILING THE APPEALS BY REVENUE BEFORE THE ITAT AND VARIOUS HIGH COURTS AS WELL AS APEX COURT ARE REVISED WITH AN OBJECT OF REDUCING THE TAX ITA NO S . 1698 & 1699 /BANG/20 18 PAGE 2 OF 2 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 EFFECT IN THE 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 T HE ISSUES RAISED IN THE INSTANT APPEAL ARE LEFT OPEN TO BE EXAMINED IN THE APPROPRIATE PROCEEDINGS, 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, T HE 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 S STAND DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 10 TH OCTOB ER , 2018 S D/ - SD/ - ( SUNIL KUMAR YADAV ) (INTURI RAMA RAO) JUDICIAL MEMBER ACCOUNTANT MEMBER PLACE : BENGALURU. D A T E D : 10 / 10 /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