Deputy Commissioner of Income TAx Central Circle-2, Mangalore V. Shri Vinod M Sherlekar , Mangalore

ITA 2757/BANG/2017

• Counselvise Citation: [2018] 119 COUNSELVISE.COM (IT) 2170 (ITAT-BANGALORE)
• Duration Of Justice: 10 month(s) 27 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-11-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Next Hearing Date: 14-11-2018
• Assessment Year: 2012-2013
• Appeal Filed On: 19-12-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: Sreehari Kulsa
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH : BANGALORE BEFORE SHRI N.V. VASUDEVAN, VICE PRESIDENT AND SHRI INTURI RAMA RAO, ACCOUNTANT MEMBER ITA NOS.2757 & 2758/BANG/2017 ASSESSMENT YEARS : 2012-13 & 2013-14 DY. COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE-2, MANGALORE. . VS. SHRI VINOD M SHERLEKAR, NO.4-1-103, VEENU CONSTRUCTIONS, BALLABAGH, M.G ROAD, MANGALORE. PAN : AHMPS 4701 M. APPELLANT RESPONDENT CO NOS.34 & 35/BANG/2017 ASSESSMENT YEAR : 2012-13 & 2013-14 BY ASSESSEE REVENUE BY : SHRI PRADEEP KUMAR, CIT ASSESSEE BY : SHRI SREEHARI KULSA, C.A DATE OF HEARING : 14-11-2018 DATE OF PRONOUNCEMENT : 16-11-2018 O R D E R PER BENCH ITA NOS.2757 & 2758 ARE APPEALS FILED BY THE REVENUE AGAINST THE TWO ORDERS BOTH DATED 21 ST SEPTEMBER, 2017 OF THE CIT(APPEALS)-2, PANAJI PERTAINING TO ASSESSMENT YEA RS 2012-13 AND 2013-14. THE ASSESSEE HAS FILED CROSS-OBJECTIO NS AGAINST THE VERY SAME ORDERS OF THE CIT(A). ITA NOS.2757 & 2758/BANG/2017 CO NOS.34 & 35/BANG/2018 PAGE 2 OF 4 2. ADMITTEDLY, THE TAX EFFECT IN THESE APPEALS BY THE REVENUE IS LESS THAN RS.20 LAKHS. IN VIEW OF THE CBDT CIRC ULAR NO.3/2018 DATED 11.07.2018, THE REVENUE CANNOT FILE APPEALS BEFORE THE TRIBUNAL WHERE THE TAX EFFECT IS LESS TH AN RS.20 LAKHS. SINCE THE TAX EFFECT IN THE PRESENT APPEALS ARE LES S THAN RS.20 LAKHS, THESE APPEALS OF THE REVENUE ARE LIABLE TO B E DISMISSED AS NOT MAINTAINABLE. ACCORDINGLY, THE APPEALS OF T HE REVENUE ARE DISMISSED. 3. IN VIEW OF THE DISMISSAL OF THE REVENUES APPEALS, THE CROSS-OBJECTIONS ARE ALSO DISMISSED AS INFRUCTUOUS. 4. IN THE RESULT, THE REVENUES APPEALS AND THE CROSS - OBJECTIONS OF THE ASSESSEE ARE DISMISSED. PRONOUNCED IN THE OPEN COURT ON THIS 16 TH DAY OF NOVEMBER, 2018 . SD/- SD/- ( INTURI RAMA RAO) ( N.V. VASUDEV AN) ACCOUNTANT MEMBER VICE PRESIDENT BANGALORE, DATED, THE 16 TH NOVEMBER, 2018. / VMS / ITA NOS.2757 & 2758/BANG/2017 CO NOS.34 & 35/BANG/2018 PAGE 3 OF 4 COPY TO: 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT 4. THE CIT(A) 5. THE DR, ITAT, BANGALORE. 6. GUARD FILE BY ORDER ASSISTANT REGISTRAR, ITAT, BANGALORE. ITA NOS.2757 & 2758/BANG/2017 CO NOS.34 & 35/BANG/2018 PAGE 4 OF 4 1. DATE OF DICTATION 2. DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER . 3. DATE ON WHICH THE APPROVED DRAFT COMES TO SR.P.S .. 4. DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE DICTATING MEMBER .. 5. DATE ON WHICH THE FAIR ORDER COMES BACK TO THE S R. P.S. .. 6. DATE OF UPLOADING THE ORDER ON WEBSITE.. 7. IF NOT UPLOADED, FURNISH THE REASON FOR DOING SO .. 8. DATE ON WHICH THE FILE GOES TO THE BENCH CLERK .. 9. DATE ON WHICH ORDER GOES FOR XEROX & ENDORSEMENT 10. DATE ON WHICH THE FILE GOES TO THE HEAD CLERK . 11. THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT RE GISTRAR FOR SIGNATURE ON THE ORDER . 12. THE DATE ON WHICH THE FILE GOES TO DISPATCH SEC TION FOR DISPATCH OF THE TRIBUNAL ORDER . 13. DATE OF DESPATCH OF ORDER. ..