ACIT, Bangalore V. M/s. The Estate, Bangalore

ITA 343/BANG/2008

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 6180 (ITAT-BANGALORE)
• Duration Of Justice: 13 year(s) 1 month(s) 5 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 22-04-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 22-04-2021
• Assessment Year: 1997-1998
• Appeal Filed On: 17-03-2008
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: VIKAS SURYAVANSHI
• Assessee Lawyers: ANNAMALAI S
• Keywords: Tax effect; Set aside
• Section: 22

Judgement Text

ITA NO.343/BANG/2008 M/S. THE ESTATE SHERIEFF CENTRE, BANGALORE IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH: BANGALORE BEFORE SHRI GEORGE GEORGE K., JUDICIAL MEMBER AND SHRI B.R. BASKARAN, ACCOUNTANT MEMBER ITA NO.343/BANG/2008 ASSESSMENT YEAR : 1997-98 ACIT, CIRCLE-1(1) BANGALORE VS. M/S. THE ESTATE SHERIEFF CENTRE 73/1, ST. MARKS ROAD BANGALORE 560 001 APPELLANT RESPONDENT APPELLANT BY : SHRI VIKAS SURYAVANSHI, D.R. RESPONDENT BY : SHRI ANNAMALAI S., A.R. DATE OF HEARING : 22.04.2021 DATE OF PRONOUNCEMENT : 22.04.2021 O R D E R PER B.R. BASKARAN, ACCOUNTANT MEMBER: THE REVENUE HAS FILED THIS APPEAL CHALLENGING THE O RDER DATED 16.01.2008 PASSED BY LD. CIT(A)-1, BENGALURU. 2. THIS APPEAL WAS ORIGINALLY DISPOSED OF BY THIS T RIBUNAL ON 21.08.2009, WHEREIN APPEAL FILED BY THE REVENUE WAS ALLOWED. HENCE, THE ASSESSEE CHALLENGED THE ORDER PASSED BY THE TRI BUNAL BY FILING APPEAL BEFORE HONBLE HIGH COURT OF KARNATAKA. THE HONBLE HIGH COURT, VIDE ITS ORDER DATED 10.01.2020 PASSED IN IT A NO.34 OF 2010 SET ASIDE THE ORDER PASSED BY THE TRIBUNAL AND REST ORED ALL THE ISSUES TO THE FILE OF THE TRIBUNAL FOR ADJUDICATING THEM A FRESH. ACCORDINGLY, THIS APPEAL CAME TO BE PLACED BEFORE THE BENCH. ITA NO.343/BANG/2008 M/S. THE ESTATE SHERIEFF CENTRE, BANGALORE PAGE 2 OF 2 3. AT THE TIME OF HEARING, THE LD. A.R. SUBMITTED T HAT THE TAX EFFECT INVOLVED IN THIS APPEAL IS LESS THAN RS.50 LAKHS BE ING THE MONETARY LIMIT PRESCRIBED BY CBDT IN ITS CIRCULAR NO.17/2019 DATED 08.08.2019 FOR PURSUING THE APPEAL FILED BY THE REV ENUE. 4. THE LD. D.R. FAIRLY ADMITTED THAT THE TAX EFFECT INVOLVED IN THIS APPEAL IS LESS THAN RS.50 LAKHS. 5. IN VIEW OF THE ABOVE, THE REVENUE IS PRECLUDED F ROM PURSUING THIS APPEAL AS PER THE CBDT INSTRUCTIONS REFERRED A BOVE. ACCORDINGLY, WE DISMISS THE APPEAL OF THE REVENUE B EING BELOW MONETARY LIMIT. 6. IN THE RESULT, THE APPEAL FILED BY THE REVENUE I S DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 22 ND APR, 2021 SD/- (GEORGE GEORGE K. ) JUDICIAL MEMBER SD/- (B.R. BASKARAN) ACCOUNTANT MEMBER BANGALORE, DATED 22 ND APR, 2021. VG/SPS COPY TO: 1. THE APPLICANT 2. THE RESPONDENT 3. THE CIT 4. THE CIT(A) 5. THE DR, ITAT, BANGALORE. 6. GUARD FILE BY ORDER ASST. REGISTRAR, ITAT, BANGALORE.