Panchami developers , Bangalore V. The Income Tax Officer Ward-6(3)(2), Bangalore

ITA 90/BANG/2018

• Counselvise Citation: [2019] 116 COUNSELVISE.COM (IT) 1300 (ITAT-BANGALORE)
• Duration Of Justice: 1 year(s) 7 month(s) 27 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 06-09-2019
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2012-2013
• Appeal Filed On: 09-01-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: PRANAV KRISHNAN
• 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. 90 /BANG/2018 (ASSESSMENT YEAR: 201 2 - 13 ) ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE 2(2)(1), BANGALORE. VS. M/S. SAPTHAGIRI ENTERPRISES, NO.17, SANKY ROAD, BANGALORE - 560 020 PAN AAEFS 9859B (APPELLANT) (RESPONDENT) A PPELLANT BY: SHRI SHAHNAWAZ UL RAHMAN, JCIT (D.R) RESPONDENT BY: SHRI PRANAV KRISHNAN, ADVOCATE. DATE OF HEARING : 04.09 .2019 DATE OF PRONOUNCEMENT : 06 .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) - 2, BANGALORE 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 2 ITA NO. 90/BANG/2019 TAX EFFECT IS BELOW RS.50 LAKHS. IN THE PRESENT CASE, THE ASSESSING OFFICER HAS RAISED A DEMAND UNDER SECTION 143(3) VIDE ORDER DT.31.3.2015 OF RS.27 ,35,951 WHICH IS NOT DISPUTED AND THE LEARNED CIT (APPEALS) HAS GRANTED RELIEF. 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 A PPLICABLE 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 6 T H SEPT., 2019. S D / - S D / - (A.K. GARODIA) (PAVAN KUMAR GADALE) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 0 6 .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