Assistant Commissioner of Income Tax Central Circle-2(4), Bangalore V. Sri Panati Purandhara Reddy , Bangalore

ITA 871/BANG/2018

• Counselvise Citation: [2018] 122 COUNSELVISE.COM (IT) 4090 (ITAT-BANGALORE)
• Duration Of Justice: 6 month(s) 21 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 11-10-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2011-2012
• Appeal Filed On: 21-03-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SREENANDINI DAS
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH : BANGALORE BEFORE SHRI N.V. VASUDEVAN, JUDICIAL MEMBER AND SHRI A.K. GARODIA , ACCOUNTANT MEMBER I TA NO S . 870, 871, 872 & 874/BANG/2018 ASSESSMENT YEAR S : 2010 - 11, 2011 - 12, 2012 - 13 & 2014 - 15 THE ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE 2(4), BANGALORE. VS. SRI PANATI PURANDHARA REDDY, FLAT NO.001, COMFORT ENCLAVE, 7 TH MAIN, 17 TH CROSS, N.S. PALYA, BTM LAYOUT, 2 ND STAGE, BENGALURU 560 076. PAN: ABOPR 2146R APPELLANT RESPONDENT CO NOS.67, 68, 69 & 71/BANG/2018 [ITA NOS.870, 871, 872 & 874/BANG/2018] ASSESSMENT YEAR S : 2010 - 11, 2011 - 12, 2012 - 13 & 2014 - 15 SRI PANATI PURANDHARA REDDY, BENGALURU 560 076. PAN: ABOPR 2146R VS. THE ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE 2(4), BANGALORE. CROSS OBJECTOR RESPONDENT REVENUE BY : SMT. SREE NANDINI DAS, ADDL.CIT(DR)(ITAT), BENGALUR U. ASSESSEE BY : SHRI NARENDRA SHARMA, ADVOCATE. DATE OF HEARING : 11 . 1 0 .201 8 DATE OF PRONOUNCEMENT : 11 .10.2018 ITA NOS.870 TO 872 & 874/B/18 CO NOS.67 TO 69, 71/B/18 PAGE 2 OF 3 O R D E R PER BENCH THE APPEALS ARE BY THE REVENUE AND CROSS OBJECTI ONS ARE FILED BY THE ASSESSEE AGAINST THE COMMON ORDER DATED 21.01.2 017 OF THE CIT(APPEALS)-11, BENGALURU, RELATING TO ASSESSMENT YEARS 2010-11 TO 2012-13 & 2014-15. 2. ADMITTEDLY, THE TAX EFFECT IN THIS APPEAL BY TH E REVENUE IS LESS THAN RS.20 LAKHS AS FOLLOWS:- ITA NOS. TAX EFFECT (RS.) 870/BANG/2018 3,54,300 871/BANG/2018 5,44,489 872/BANG/2018 19,30,950 874/BANG/2018 4,49,750 3. IN VIEW OF THE CBDT CIRCULAR NO.3/2018 DATED 1 1.07.2018, THE REVENUE CANNOT FILE APPEALS BEFORE THE TRIBUNAL WHE RE THE TAX EFFECT IS LESS THAN RS.20 LAKHS. SINCE THE TAX EFFECT IN THE PRES ENT APPEAL IS LESS THAN RS.20 LAKHS, ALL THE APPEALS OF THE REVENUE ARE LIA BLE TO BE DISMISSED AS NOT MAINTAINABLE. ACCORDINGLY, THE APPEALS OF THE REVENUE ARE DISMISSED. 4. SINCE THE APPEALS ARE DISMISSED FOR LOW TAX EFFE CT, THE CROSS OBJECTIONS OF THE ASSESSEE WERE NOT PRESSED AND THE Y ARE ALSO DISMISSED AS NOT PRESSED. ITA NOS.870 TO 872 & 874/B/18 CO NOS.67 TO 69, 71/B/18 PAGE 3 OF 3 5. IN THE RESULT, ALL THE REVENUES APPEALS AS WEL L AS ALL THE CROSS OBJECTIONS OF THE ASSESSEE ARE DISMISSED. PRONOUNCED IN THE OPEN COURT ON THIS 11 TH DAY OF OCTOBER, 2018. SD/- SD/- ( A.K. GARODIA ) ( N.V. VASUDEVAN ) ACCOUNTANT MEMBER JUDICIAL M EMBER BANGALORE, DATED, THE 11 TH OCTOBER, 2018. / D ESAI S MURTHY / COPY TO: 1. THE APP ELL ANT 2. THE RESPONDENT 3. THE CIT 4. THE CIT(A) 5. THE DR, ITAT, BANGALORE. 6. GUARD FILE BY ORDER SENIOR PRIVATE SECRETARY ITAT, BANGALORE.