Assistant Commissioner of Income Tax Circle-1, Bellary V. Sri H.R.Gaviappa & Co, Bellary

ITA 761/BANG/2017

• Counselvise Citation: [2019] 116 COUNSELVISE.COM (IT) 1134 (ITAT-BANGALORE)
• Duration Of Justice: 2 year(s) 5 month(s) 10 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 13-09-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2011-2012
• Appeal Filed On: 03-04-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SHAHNAWAZ UL RAHMAN J
• Assessee Lawyers: B S BALACHANDRAN
• Keywords: Tax effect
• Section: 143(3); 250; 201

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL BANGALORE BENCHES A BENCH: BANGALORE BEFORE SHRI A.K. GARODIA, ACCOUNTANT MEMBER AND SHRI PAVAN KUMAR GADALE, JUDICIAL MEMBER ITA NO. 761 /BANG/201 7 (ASSESSMENT YEAR: 201 1 - 12 ) ASST . COMMISSIONER OF INCOME TAX, CIRCLE 1 (1), BANGALORE. VS. SHRI H. R. GAVIAPPA & CO. MINE OWNERS, 4 TH FLOOR, HRG COMPLEX, HRG CIRCLE, BELLARY - 583 101 PAN AAAFH 6251N (APPELLANT) (RESPONDENT) A PPELLANT BY: SHRI SHAHNAWAZ UL RAHMAN, J CIT (D.R) RESPONDENT BY: SHRI B.S. BALACHANDRAN, ADVOCATE. DATE OF HEARING : 0 5 .09 .2019 DATE OF PRONOUNCEMENT : 13 .09 .2019 O R D E R PER SHRI PAVAN KUMAR GADALE, JM : THE REVENUE HAS FILED AN APPEAL AGAINST THE ORDER OF COMMISSIONER OF INCOME TAX (APPEALS), GULBARGA PASSED U/S . 143(3) AND 250 OF THE INCOME TAX ACT, 1961. 2. AT THE TIME OF HEARING, IT WAS BROUGHT TO THE KNOWLEDGE OF THE BENCH THE TAX EFFECT IN THE APPEAL IS BELOW RS.50 LAKHS THEREFORE COVERED BY CBDT CIRCULAR NO.17/2019 DT.8.8.2019. WE FIND AS PER THE CBDT CIRCULAR NO. 17/2019 DT.8.8.2019, NO APPEAL SHALL BE FILED BY THE REVENUE BEFORE THE TRIBUNAL WHERE THE TAX EFFECT IS BELOW RS.50 LAKHS. IN THE PRESENT CASE, THE L D. AR FILED WRITTEN SUBMISSIONS AND THE RELIEF GRANTED BY THE C IT 2 ITA NO. 761 /BANG/201 7 (APPEALS) WHERE THE TAX EFFECT IS BELOW RS.50 LAKHS WHICH IS NOT DISPUTED BY THE LD. DR. FURTHER THE CIRCULAR OF THE CBDT IS ALSO APPLICABLE TO THE PENDING CASES. ACCORDINGLY, THE TAX DEMAND RAISED BY THE REVENUE AUTHORITIES IS BELOW RS.50 LAKHS AND CIRCULAR IS APPLICABLE TO THE PENDING APPEALS. HENCE WE DISMISS THE REVENUES APPEAL ON MAINTAINABILITY AND LOW TAX EFFECT. 3. IN THE RESULT, APPEAL OF THE REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 1 3 T H SEPT., 2019. S D / - S D / - (A.K. GARODIA) (PAVAN KUMAR GADALE) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 1 3 .09. 2019. *REDDY GP COPY TO I) THE APPELLANT II) THE RESPONDENT III) CIT (APPEALS) IV) PR. CIT V) DR, ITAT, BANGALORE VI) GUARD FILE BY ORDER ASSISTANT REGISTRAR INCOME - TAX APPELLATE TRIBUNAL BANGALORE