Income Tax Officer (Exemption) Ward-1, Hubli V. Hoysala Vidya Samsthe , Davanagere

ITA 637/BANG/2017

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 5060 (ITAT-BANGALORE)
• Duration Of Justice: 1 year(s) 4 month(s) 16 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 03-08-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2009-2010
• Appeal Filed On: 17-03-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: B R RAMESH J
• Keywords: Tax effect
• Section: 10

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH, B E NGAL U R U BEFORE SHRI INTURI RAMA RAO, ACCOUNTANT MEMBER AND SHRI LALI E T KUMAR, JUDICIAL MEMBER ITA NO S . 637 TO 640 /BANG/201 7 (ASSESSMENT YEAR S : 20 09 - 10 & 2010 - 11) INCOME - TAX OFFICER (EXEMPTIONS), WARD - 1 HUBLI. VS. APPELLANT M/S.HOYSALA VIDHYA SAMSTHE, DCM TOWNSHIP, PB ROAD, DAVANGERE. PAN: AAATH 5966 L RESPONDENT APPELLANT BY : SHRI B.R.RAMESH, JCIT(DR) . RESPONDENT BY : SHRI SREEHARI KUTSA, CA. DATE OF HEARING : 01/08/2018 DAT E OF PRONOUNCEMENT : 03 /08/2018 O R D E R PER I NTURI RAMA RAO, AM : THE INSTANT APPEAL S ARE DIRECTED AGAINST THE ORDER COMMISSIONER OF INCOME - TAX(APPEALS), DAVANGERE, DATED 29/11/2016 FOR THE ASSESSMENT YEARS 2009 - 10 AND 2010 - 11. IT IS STATED BEFO RE US THAT THE TAX EFFECT IN TH E S E CASE S IS LESS THAN RS. 20 LAKHS AND THEREFORE T HE CIRCULAR NO. 3/2018 DATED 11/ 07 / 2018 ISSUED BY THE CENTRAL BOARD OF DIRECT TAXES (CBDT) IN EXERCISE OF ITS POWER VESTED UNDER SEC. 268A(1) OF THE IT ACT COMES INTO PLAY WH EREIN, THE MONETARY LIMIT FOR FILING THE APPEALS BY THE REVENUE BEFORE THE ITAT AND VARIOUS HIGH COURTS AS WELL AS APEX COURT ARE REVISED WITH AN OBJECT OF THE REDUCING THE TAX LITIGATION. VIDE PARA 3 OF THE SAID CIRCULAR (SUPRA) IT IS STATED THAT IN CASES WHERE THE TAX EFFECT IN THE APPEALS TO BE FILED BEFORE THE APPELLATE TRIBUNAL DOES NOT EXCEED RS. 20 LAKHS APPEALS SHOULD NOT BE FILED. THUS TAKING A ITA NO S . 637 TO 640 /BANG/2017 PAGE 2 OF 2 NOTE OF CBDT CIRCULAR NO. 03/2018, DATED 11.07.2018 AND CONSIDERING THE FACT THAT THE TAX EFFECT IN THE I NSTANT APPEAL IS LESS THAN RS. 20 LAKHS, THE PRESENT APPEAL DESERVES TO BE DISMISSED AS NOT PRESSED / NOT MAINTAINABLE. HOWEVER, WE MAKE IT CLEAR THAT THE ISSUES RAISED IN THE INSTANT APPEAL ARE LEFT OPEN TO BE EXAMINED IN THE APPROPRIATE PROCEEDINGS, IF A RISES, IN FUTURE. AT THE SAME TIME WE ALSO MAKE IT CLEAR THAT IF THE APPEAL FALL IN ANY OF THE EXCEPTIONS REFERRED TO IN THE ABOVE SAID CBDT CIRCULAR, THE REVENUE IS AT LIBERTY TO MOVE AN APPLICATION FOR RECALLING THE ORDER IF SO ADVISED. 2. ACCORDINGLY , IN THE LIGHT OF CBDT CIRCULAR NO.03/2018 DATED 11/07/2018 THE APPEALS STAND DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 03 RD AUGUST, 2018. SD/ - SD/ - (LALIET KUMAR ) (INTURI RAMA RAO) JUDICIAL MEMBER ACCOUNTANT MEMBER PLACE : BENGALURU D A T E : 03/08/2018 SRINIVASULU, SPS COPY TO : 1 APPELLANT 2 RESPONDENT 3 CIT(A) 4 CIT 5 DR, ITAT, BANGALORE. 6 GUARD FILE BY ORDER SENIOR PRIVATE SECRETARY INCOME - TAX APPELLATE TRIBUNAL BANGALO RE