Income Tax Officer (Exemptions) Ward-1 , Hubli V. M/s Reddy Jana Sangha , Chitradurga

ITA 2380/BANG/2018

• Counselvise Citation: [2019] 116 COUNSELVISE.COM (IT) 4548 (ITAT-BANGALORE)
• Duration Of Justice: 1 year(s) 13 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-08-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2012-2013
• Appeal Filed On: 14-08-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: DR P V PRADEEP KUMAR
• Assessee Lawyers: S RAMASUBRAMANIAN
• Keywords: Tax effect
• Section: 143(3); 12A; 250

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. 2380 /BANG/201 8 (ASSESSMENT YEAR: 201 2 - 1 3 ) INCOME TAX OFFICER (EXEMPTIONS), WARD 1, HUBLI. VS. M/S. REDDY JANA SANGHA, OPP. DENTAL COLLEGE, B.D. ROAD, CHITRADURGA. PAN AAATC 1125E (APPELLANT) (RESPONDENT) APPELLANT BY: DR.P.V. PRADEEP KUMAR, ADDL.CIT (D.R) RESPONDENT BY: S HRI S. RAMASUBRAMANIAN, C.A. DATE OF HEARING : 10.07 .2019 DATE OF PRONOUNCEMENT : 28 .08 .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), DAVANGERE PASSED U/S . 143(3) AND 250 OF THE INCOME TAX ACT, 1961. 2. WE HEARD THE RIVAL SUBMISSIONS AND PERUSED THE MATERIAL ON RECORD AND WE FOUND THAT THE ASSESSEE HAS FILED RETURN OF INCOME FOR THE ASST. YEAR 2012 - 13 ON 20.12.2009 WITH NIL INCOME. SUBSEQUENTLY, THE ASSESSING OFFICER HAS TAKEN UP THE CASE FOR SCRUTINY AND ASSESSED 2 ITA NO. 2380 /BANG/2018 THE TOTAL INCOME OF RS.71,77,610 AND RAISED DEMAND OF RS.24,69,760. ON APPEAL, THE LEARNED CIT (APPEALS) CONSIDERING THE WRITTEN SUBMISSIONS, JUDICIAL DECISIONS AND FACT THAT THE ASSESSEE WAS GRANTED REGISTRATION UNDER SECTION 12A OF THE ACT PARTLY ALLOWED THE APPEAL. AGGRIEVED BY THE CIT (APPEALS) ORDE R, THE R E V E N U E HAS FILED APPEAL IN THE TRIBUNAL. 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 PRESENT CASE, THE ASSESSING OFFICER H AS RAISED A DEMAND OF RS.24,69,760 WHICH IS NOT DISPUTED AND THE LEARNED CIT (APPEALS) HAS GRANTED RELIEF. FURTHER THE CIRCULAR OF THE CBDT IS ALSO APPLICABLE TO THE PENDING CASES. ACCORDINGLY, THE TAX DEM AND RAISED BY THE REVENUE AUTHORI TIES 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 RESULT, APPEAL OF THE REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 2 8 T H AUG., 2019. S D / - S D / - (A. K. GARODIA ) (PAVAN KUMAR GADALE) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 2 8 .08. 2019. *REDDY GP 3 ITA NO. 2380 /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