Deputy Commissioner of Income Tax, Circle-2(1)(1), Bangalore V. Sri Vinod Narappa Reddy, Bangalore

ITA 1852/BANG/2018

• Counselvise Citation: [2020] 111 COUNSELVISE.COM (IT) 4662 (ITAT-BANGALORE)
• Duration Of Justice: 1 year(s) 8 month(s) 22 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 20-02-2020
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2012-2013
• Appeal Filed On: 29-05-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: R PREMI
• Assessee Lawyers: V SRINIVASAN
• Keywords: Tax effect
• Section: 143(3); 250; 201; 13

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. 1852 /BANG/2018 (ASSESSMENT YEAR: 201 2 - 13 ) DY. COMMISSIONER OF INCOME TAX, CIRCLE 2(1), BANGAL ORE - 560 095 .APPELLANT PAN VS. SRI VINOD NARAPPA REDDY , NO.14, BHAVIKA, 30 TH MAIN, BTM LAYOUT, 2 ND STAGE, BANGALORE. RESPONDENT. PAN ACGPN 8586N ASSESSEE BY: SHRI V. SRINIVASAN, ADVOCATE. REVENUE BY: S MT. R. PREMI, JCIT (D.R) DATE OF HEARING : 20.02 .20 20 DATE OF PRONOUNCEMENT : 20 .02 .20 20 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), DAVANGERE PASSED U/S . 143(3) AND 250 OF THE INCOME TAX ACT, 1961. 2 ITA NO. 1852/BANG/2018 2. AT THE TIME OF HEARING, IT WAS BROUGHT TO THE KNOWLEDGE OF THE BENCH THE TAX EFFECT IN THE APPEA L IS BELOW RS.50 LAKHS THEREFORE COVERED BY CBDT CIRCULAR NO.17/2019 DT.8.8.2019. WE FIND AS PER THE CBDT CIRCULAR NO. 17/2019 DT.8.8.2019, NO APPEAL SHALL BE FILED BY THE REVENUE BEFORE THE TRIBUNAL WHERE THE TAX EFFECT IS BELOW RS.50 LAKHS. IN THE PRESE NT CASE, THE ASSESSING OFFICER HAS RAISED A DEMAND UNDER SECTION 143(3) VIDE ORDER DT.30.03.2015 OF RS.27,28,430 ( I N CLUDING INTEREST) WHICH IS NOT DISPUTED AND THE LEARNED CIT (APPEALS) HAS GRANTED RELIEF. FURTHER THE CIRCULAR OF THE CBDT IS ALSO APPLICA BLE 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 APPEALS. HENCE WE DISMISS THE REVENUES APPEAL ON MAINTAINABILITY AND LOW TAX EFFECT. 3. IN THE RE SULT, APPEAL OF THE REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 2 0 T H FEB., 2020. PRONOUNCED IN THE OPEN COURT ON THE DATE MENTIONED ON THE CAPTION PAGE. S D / - S D / - (A.K. GARODIA) (PAVAN KUMA R GADALE) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 2 0 . 0 2 . 20 20 . *REDDY GP 3 ITA NO. 1852/BANG/2018 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