Income Tax Officer, Tiptur V. Mr. S.Kumar, Tiptur

ITA 2211/BANG/2016

• Counselvise Citation: [2018] 119 COUNSELVISE.COM (IT) 2636 (ITAT-BANGALORE)
• Duration Of Justice: 1 year(s) 10 month(s) 20 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 05-11-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2008-2009
• Appeal Filed On: 15-12-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SRINANDINI DAS
• Assessee Lawyers: SHREEHARI KUTSA
• Keywords: Tax effect
• Section: 194C

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH : BANGALORE BEFORE SHRI SUNIL KUMAR YADAV, JUDICIAL MEMBER AND SHRI ARUN KUMAR GARODIA, ACCOUNTANT MEMBER ITA NO. 2211 /BANG/201 6 ASSESSMENT YEAR : 2008 - 09 THE INCOME TAX OFFICER, WARD 1, TIPTUR. VS. SHRI S. KUMAR, CHIKKA RANGAPURA, RANGAPURA POST, TIPTUR TALUK 572 201. PAN: AQIPK0572D APPELLANT RESPONDENT APPELLANT BY : SMT. SRINANDINI DAS, ADDL. CIT (DR) RESPONDENT BY : SHRI SHREEHARI KUTSA , CA DATE OF HEARING : 05. 11 .2018 DATE OF PRONOUNCEMENT : 05 . 11 .2018 O R D E R PER SHRI A.K. GARODIA, ACCOUNTANT MEMBER THIS APPEAL IS FILED BY THE REVENUE AND THE SAME IS DIRECTED AGAINST THE ORDER OF LD. CIT(A)-7, BANGALORE DATED28.09.2016FOR ASSESSME NT YEAR 2008-09. 2. THE GROUNDS RAISED BY THE REVENUE ARE AS UNDER. 1. THE ORDER OF THE LEARNED CIT(A) IS OPPOSED TO LA W AND FACTS OF THE CASE. 2. 'WHETHER ON THE FACTS AND CIRCUMSTANCES OF THE C ASE, THE CIT(A) WAS JUSTIFIED IN LAW IN HOLDING THAT TDS U/S 194C W AS NOT REQUIRED TO BE DEDUCTED ON THE PAYMENTS MADE TO THE SUB-CONTRAC TORS TOWARDS SUPPLY OF LABOUR'? 3. 'WHETHER ON THE FACTS AND CIRCUMSTANCES OF THE C ASE, THE CIT(A) WAS JUSTIFIED IN LAW IN ESTIMATING THE NET PROFIT A T 10% OF THE CONTRACT RECEIPTS OF THE ASSESSEE, IN ABSENCE OF ANY BILLS I N SUPPORT OF CLAIM OF PURCHASES MADE BY THE ASSESSEE'? 4. FOR THESE AND OTHER GROUNDS THAT MAY BE URGED AT THE TIME OF HEARING, IT IS PRAYED THAT THE ORDER OF THE CIT(A) IN SO FAR AS IT RELATES TO THE ABOVE GROUNDS MAY BE REVERSED AND THAT OF TH E ASSESSING OFFICER MAY BE RESTORED. 5. THE APPELLANT CRAVES LEAVE TO ADD, ALTER, AMEND AND/OR DELETE ANY ITA NO. 2211/BANG/2016 PAGE 2 OF 2 OF THE GROUNDS MENTIONED ABOVE. 3. AT THE VERY OUTSET, IT WAS SUBMITTED BY THE LEAR NED AR OF THE ASSESSEE THAT IN THIS APPEAL, THE TAX EFFECT IS BELOW RS. 20 LACS AN D THEREFORE, AS PER THE RECENT CBDT INSTRUCTIONS AS PER CIRCULAR NO. 3/2018 DATED 11.07.2018, THIS APPEAL OF THE REVENUE IS NOT MAINTAINABLE. LEARNED DR OF THE REVENUE HAD NOTHING TO SAY. 4. WE HAVE CONSIDERED THE SUBMISSIONS OF THE LEARNE D AR OF THE ASSESSEE AND WE ALSO FIND THAT IN THIS APPEAL, THE TAX EFFECT IS BELOW RS. 20 LACS AND THEREFORE, AS PER THE RECENT CBDT INSTRUCTIONS AS P ER CIRCULAR NO. 3/2018 DATED 11.07.2018, THIS APPEAL OF THE REVENUE IS NOT MAINT AINABLE. ACCORDINGLY, THIS APPEAL OF THE REVENUE IS DISMISSED BECAUSE OF LOW T AX EFFECT. 5. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISM ISSED. ORDER PRONOUNCED IN THE OPEN COURT ON THE DATE MENT IONED ON THE CAPTION PAGE. SD/- SD/- (SUNIL KUMAR YADAV) (ARUN KUMAR GARODIA) JUDICIAL MEMBER ACCOUNTANT MEMBER BANGALORE, DATED, THE 5 TH NOVEMBER, 2018. /MS/ COPY TO: 1. APPELLANT 4. CIT(A) 2. RESPONDENT 5. DR, ITAT, BANGALORE 3. CIT 6. GUARD FILE BY ORDER ASSISTANT REGISTRAR, INCOME TAX APPELLATE TRIBUNAL, BANGALORE.