Assistant Commissioner of Income Tax, Central Circle-2(4), Bangalore V. Sri Panati Vittalanath Reddy, Bangalore

ITA 1842/BANG/2017

• Counselvise Citation: [2018] 119 COUNSELVISE.COM (IT) 2845 (ITAT-BANGALORE)
• Duration Of Justice: 1 year(s) 1 month(s) 22 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 31-10-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2012-2013
• Appeal Filed On: 08-09-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SREE NANDINI DAS BENGALUR U
• Assessee Lawyers: V SRINIVASAN
• Keywords: Tax effect
• Section: 10

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH : BANGALORE BEFORE SHRI N.V. VASUDEVAN, VICE PRESIDENT AND SHRI INTURI RAMA RAO, ACCOUNTANT MEMBER ITA NO S . 1839 TO 1845/BANG/2017 ASSESSMENT YEAR S : 2009 - 10 TO 2015 - 16 THE ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE 2(4), BANGALORE. VS. SRI PANATI VITTALNATH REDDY, NO.10, SRI RAMANJANEYA NILAYA, 32 ND MAIN, 5 TH CROSS, DOLLARS COLONY, BTM 1 ST STAGE, BENGALURU 560 068. PAN: ABLPR 5980J APP ELL ANT RESPONDENT APPELLANT BY : SMT. SREENAN DINI DAS, ADDL.CIT(DR)(ITAT), BENGALURU. RESPONDENT BY : SHRI V. SRINIVASAN, ADVOCATE DATE OF HEARING : 30.10 .201 8 DATE OF PRONOUNCEMENT : 31 .10 .201 8 O R D E R PER BENCH THESE ARE APPEALS FILED BY THE REVENUE AGAINST T HE COMMON ORDER DATED 29.06.2017 OF THE CIT(APPEALS)-11, BANGALORE RELATING TO ASSESSMENT YEARS 2009-10 TO 2015-16. 2. AT THE TIME OF HEARING, IT WAS BROUGHT TO OUR N OTICE BY THE PARTIES THAT THE TAX EFFECT IN ALL THESE APPEALS IS BELOW R S.20 LAKHS AS FOLLOWS:- ITA NOS.1839 TO 1845/BANG/2017 PAGE 2 OF 3 ASST. YEAR TAX EFFECT IN RS. 2009-10 3,48,081 2010-11 2,44,779 2011-12 10,70,148 2012-13 4,91,798 2013-14 6,30,862 2014-15 7,21,150 2015-16 10,42,097 3. ADMITTEDLY, THE TAX EFFECT IN ALL THESE APPEALS BY THE REVENUE IS LESS THAN RS.20 LAKHS. IN VIEW OF THE CBDT CIRCULAR NO. 3/2018 DATED 11.07.2018, THE REVENUE CANNOT FILE APPEALS BEFORE THE TRIBUNAL WHERE THE TAX EFFECT IS LESS THAN RS.20 LAKHS. SINCE THE TAX EFFECT IN THE PRESENT APPEALS IS LESS THAN RS.20 LAKHS, THESE APPEALS OF THE REVENUE ARE LIABLE TO BE DISMISSED AS NOT MAINTAINABLE. ACCORDINGLY, THE APPEALS OF THE REVENUE ARE DISMISSED. 4. IN THE RESULT, THE REVENUES APPEALS ARE DISMIS SED. PRONOUNCED IN THE OPEN COURT ON THIS 31 ST DAY OF OCTOBER, 2018. SD/- SD/- ( INTURI RAMA RAO ) ( N.V. VASUDEVAN ) ACCOUNTANT MEMBER V ICE P RESIDENT BANGALORE, DATED, THE 31 ST OCTOBER, 2018. / D ESAI S MURTHY / ITA NOS.1839 TO 1845/BANG/2017 PAGE 3 OF 3 COPY TO: 1. APP ELL ANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR, ITAT, BANGAL ORE. 6. GUARD FILE BY ORDER ASSISTANT REGISTRAR, ITAT, BANGALORE.