Income Tax Officer, Ward-1(1), Hubballi V. Shri. Sumersing B Balot, Hubballi

ITA 2891/BANG/2017

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 7624 (ITAT-BANGALORE)
• Duration Of Justice: 6 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 20-07-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2013-2014
• Appeal Filed On: 28-12-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: B R RAMESH

Judgement Text

ITA/2891/BANG/2018 PAGE - 1 IN THE INCOME TAX APPELLATE TRIBUNAL, BANGALORE BENCH 'A' BEFORE SHRI JASON P BOAZ, ACCOUNTANT MEMBER AND AND SHRI LALIET KUMAR, JUDICIAL MEMBER ITA NO.2891/BANG/2017 (ASST. YEAR 2013-14) THE INCOME - TAX OFFICER, WARD-1 (1), HUBBALLI VS. SHRI SUMERSING B BALOT, PROP : YASH JEWELLERS, DIAMOND PLAZA, DURGADBELL, HUBBALLI PAN A BUPB6131E . APPELLANT . RESPONDENT APPELLANT BY : SHRI NARENDRA SHARMA, ADVOCATE REVENUE BY : SHRI B. R. RAMESH, JCIT DATE OF HEARING : 19-07-2018 DATE OF PRONOUNCEMENT : 19-07-2018 ORDER PER SHRI LALIET KUMAR, JUDICIAL MEMBER: THIS APPEAL AT THE INSTANCE OF THE REVENUE IS DIRE CTED AGAINST THE IMPUGNED ORDER DATED 09.10.2017 PASSED BY THE C OMMISSIONER OF INCOME-TAX (APPEALS), HUBBALLI FOR ASST. YEAR 20 13-14 RAISING AS MANY AS SEVEN GROUNDS OF APPEAL. 02. AT THE OUTSET, BOTH THE ID. AR FOR THE ASSESSEE AND DR FOR THE REVENUE SUBMITTED BEFORE THE BENCH THAT/THE TAX EFF ECT PERTAINING TO ITA/2891/BANG/2018 PAGE - 2 THE AMOUNT DISPUTED BY THE REVENUE ISESS THAN THE M ONETARY LIMIT OF RS. 20 LAKH FIXED BY THE CBDT IN CIRCULAR NO. 03/20 18, DATED 11/07/2018, WHICH IS IN SUPERSESSION OF ITS CIRCULA R NO. 21/2015 DATED 10/12/2015, IN RELATION TO FILING OF APPEALS BEFORE THE INCOME TAX APPELLATE TRIBUNAL. TAKING INTO CONSIDERATION THE A FORESAID SUBMISSIONS OF BOTH THE ID. AUTHORIZED REPRESENTATI VE FOR THE ASSESSEE AND THE DEPARTMENTAL REPRESENTATIVE FOR TH E REVENUE AND ALSO THE FACT THAT THE CBDT CIRCULAR UNDER REFERENC E APPLIES RETROSPECTIVELY EVEN TO PENDING APPEALS, WE HOLD TH AT THE APPEAL FILED BY THE REVENUE IS NOT MAINTAINABLE AND LIABLE TO BE DISMISSED IN LIMINE. 03.IN THE RESULT, THE REVENUE'S APPEAL FOR ASST. YE AR 2013-14 IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 19 TH JULY, 2018. SD/- SD/- (JASON P. BOAZ) (LALIET KUMAR) ACCOUNTANT MEMBER JUDICIAL M EMBER BENGALURU DATED : 19 TH JULY, 2018 MCN* ITA/2891/BANG/2018 PAGE - 3 COPY TO: 1. THE ASSESSEE 2. THE ASSESSING OFFICER 3. THE COMMISSIONER OF INCOME-TAX 4. COMMISSIONER OF INCOME-TAX(A) 5. DR 6. GF, ITAT, BANGALORE BY ORDER SENIOR PRIVATE SECRETARY, INCOME TAX APPELLATE TRIBUNAL, BANGALORE.