ITO, Gadag V. M/s S.B. Sankannavar & Bros, Gadag

ITA 563/BANG/2009

• Counselvise Citation: [2009] 115 COUNSELVISE.COM (IT) 0654 (ITAT-BANGALORE)
• Duration Of Justice: 5 month(s) 12 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-11-2009
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: Not Allotted
• Next Hearing Date: 20-10-2009
• Assessment Year: 2005-2006
• Appeal Filed On: 03-06-2009
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: V S SREELEKHA
• Keywords: Tax effect
• Section: 268A

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH : BANGALORE BEFORE SHRI SHAILENDRA KUMAR YADAV, JUDICIAL MEMBE R \ AND SHRI A. MOHAN ALANKAMONY, ACCOUNTANT MEMBER ITA NO.563/BANG/2009 ASSESSMENT YEAR : 2005-06 THE INCOME TAX OFFICER, WARD 1, GADAG. : APPELLANT VS. M/S. S.B. SANKANNAVAR & BROS., A.P.M.C. YARD, PLOT NO.127, GADAG DIST. GADAG. : RESPONDENT APPELLANT BY : SMT. V.S. SREELEKHA RESPONDENT BY : SHRI MANOJ O R D E R PER A. MOHAN ALANKAMONY, ACCOUNTANT MEMBER THE REVENUE HAS FILED THIS APPEAL AGAINST THE ORD ER OF THE CIT(APPEALS), HUBLI, DATED 19.2.09 FOR THE ASSESSM ENT YEAR 2005-06. 2. AT THE OUTSET IT WAS NOTICED THAT THE TAX EFFEC T IN THIS CASE IS BELOW THE MONETARY LIMIT PRESCRIBED BY THE BOARD CIRCULAR NO.F.NO.279/126/98- ITJ DATED 27.3.2000. THE LD. DR FAIRLY CONCEDED T HAT THE TAX EFFECT IS BELOW THE LIMIT PRESCRIBED BY THE BOARD CIRCULAR ME NTIONED ABOVE. THE LD. DR HAS NOT BEEN ABLE TO ESTABLISH ANY EXCEPTIONAL C IRCUMSTANCES POINTED ITA NO563/B/09 PAGE 2 OF 2 OUT IN THE BOARD CIRCULAR WHICH PROVIDES FOR FILING AN APPEAL IN SPITE OF LOW TAX EFFECT. WE ALSO RELY ON THE PROVISIONS OF SECT ION 268A OF THE I.T. ACT. 3. RELYING ON THE DECISION OF THE MADRAS HIGH COURT IN THE CASE OF CIT V. S. NAINI (316 ITR 232), WE DISMISS THE APPEAL HOLDING THAT THE TAX EFFECT IS BELOW THE MONETARY LIMITS PRESCRIBED BY THE BOAR D CIRCULAR AND THE CASE DOES NOT FALL UNDER ANY OF THE EXCEPTIONS MENTIONED IN THE CIRCULAR. 4. IN THE RESULT, THE APPEAL BY THE REVENUE IS DISM ISSED. PRONOUNCED IN THE OPEN COURT ON THIS 16 TH DAY OF NOVEMBER, 2009. SD/- SD/- (SHAILENDRA KUMAR YADAV) (A. MOHAN ALANKAMONY ) JUDICIAL MEMBER ACCOUNTANT MEMBER BANGALORE, DATED, THE 16 TH NOVEMBER, 2009. DS/- COPY TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR, ITAT, BANGALORE. 6. GUARD FILE (1+1) BY ORDER ASSISTANT REGISTRAR ITAT, BANGALORE.