ITO, Hubli V. Sri Suresh S. Gaikwad, Hubli

ITA 574/BANG/2009

• Counselvise Citation: [2009] 115 COUNSELVISE.COM (IT) 0661 (ITAT-BANGALORE)
• Duration Of Justice: 5 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 13-11-2009
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 10-11-2009
• Assessment Year: 2001-2002
• Appeal Filed On: 05-06-2009
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: JACINTA ZIMIK VASHAI
• Keywords: Tax effect
• Section: 268A

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH : BANGALORE BEFORE SHRI GEORGE GEORGE K., JUDICIAL MEMBER AND SHRI A. MOHAN ALANKAMONY, ACCOUNTANT MEMBER ITA NOS.573 TO 575 & 577 /BANG/2009 ASSESSMENT YEARS : 2000-01 TO 2002-03 & 2004-05 THE INCOME TAX OFFICER, WARD 3(2), HUBLI. : APPELLANT VS. SRI SURESH S. GAIKWAD, SM-423, INDUSTRIAL ESTATE, GOKUL ROAD, HUBLI. : RESPONDENT APPELLANT BY : SMT. JACINTA ZIMIK VASHAI RESPONDENT BY : NONE O R D E R PER GEORGE GEOERGE, JUDICIAL MEMBER THE REVENUE HAS FILED THESE APPEALS AGAINST THE S EPARATE ORDERS OF THE CIT(APPEALS), HUBLI, DATED 30.1.2008 FOR THE A SSESSMENT YEAR 2000-01 TO 2002-03 & 2004-05. 2. NONE APPEARED FOR THE ASSESSEE-RESPONDENT AT TH E TIME OF HEARING. WE PROCEED TO DISPOSE OF THE CASES EX PARTE AFTER PERUSING THE MATERIAL ON RECORD AND AFTER HEARING THE LD. DR ON MERITS. 3. AT THE OUTSET IT WAS NOTICED THAT THE TAX EFFECT IN THESE CASES IS BELOW THE MONETARY LIMIT PRESCRIBED BY THE BOARD CI RCULAR NO.F.NO.279/126/98-ITJ DATED 27.3.2000. THE LD. D R FAIRLY CONCEDED THAT ITA NO.573/B/09 TO 575 & 577/B/09 PAGE 2 OF 2 THE TAX EFFECT IS BELOW THE LIMIT PRESCRIBED BY THE BOARD CIRCULAR MENTIONED ABOVE. THE LD. DR HAS NOT BEEN ABLE TO ESTABLISH A NY EXCEPTIONAL CIRCUMSTANCES POINTED OUT IN THE BOARD CIRCULAR WHI CH PROVIDES FOR FILING AN APPEAL IN SPITE OF LOW TAX EFFECT. WE ALSO RELY ON THE PROVISIONS OF SECTION 268A OF THE I.T. ACT. 4. RELYING ON THE DECISION OF THE MADRAS HIGH COURT IN THE CASE OF CIT V. S. NAINI (316 ITR 232), WE DISMISS ALL THE APPE ALS HOLDING THAT THE TAX EFFECT IS BELOW THE MONETARY LIMITS PRESCRIBED BY T HE BOARD CIRCULAR AND THE CASE DOES NOT FALL UNDER ANY OF THE EXCEPTIONS MENT IONED IN THE CIRCULAR. 5. IN THE RESULT, THE APPEALS BY THE REVENUE ARE DI SMISSED. PRONOUNCED IN THE OPEN COURT ON THIS 13 TH DAY OF NOVEMBER, 2009. SD/- SD/- (A. MOHAN ALANKAMONY ) ( GEORGE GEORGE K. ) ACCOUNTANT MEMBER JUDICIAL MEMBER BANGALORE, DATED, THE 13 TH NOVEMBER, 2009. DS/- COPY TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. C IT(A) 5. DR, ITAT, BANGALORE. 6. GUARD FILE (1+1) BY ORDER ASSISTANT REGISTRAR ITAT, BANGALORE.