I.T.O. Ward -2(3), BILASPUR(CG) V. M/S SHANTIPUSHPA ASSOCIATES, BILASPUR(CG)

ITA 90/BIL/2015

• Counselvise Citation: [2018] 119 COUNSELVISE.COM (IT) 1895 (ITAT-RAIPUR)
• Duration Of Justice: 3 year(s) 4 month(s) 14 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-11-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2010-2011
• Appeal Filed On: 02-07-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: V B SARGAR
• Assessee Lawyers: LAKSHMI SHARMA
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL RAIPUR BENCH : RAIPUR BEFORE SHRI R.K. PANDA, ACCOUNTANT MEMBER AND MS. SUCHITRA KAMBLE, JUDICIAL MEMBER ITA NO.90/RPR/2015 ASSESSMENT YEAR: 2010-11 ITO, WARD 2(3), AYAKAR BHAVAN, VYAPA VIHAR, BILASPUR (CG). VS. SHANTIPUSHPA ASSOCIATES, OPP. BANK OF BARODA, LINK ROAD, BILASPUR (CG). PAN : AAFFS5574B (APPELLANT) (RESPONDENT) ASSESSEE BY : SHRI SUNIL KUMAR AGRAWAL, CA & MS LAKSHMI SHARMA REVENUE BY : SHRI V.B. SARGAR, DR ORDER PER R.K. PANDA, AM: THIS APPEAL BY THE REVENUE IS DIRECTED AGAINST THE ORDER DATED 12 TH JANUARY, 2015 OF THE CIT(A), BILASPUR, RELATING TO ASSESSMEN T YEAR 2010-11. 2. AT THE TIME OF HEARING, THE LD. COUNSEL FOR TH E ASSESSEE POINTED OUT THAT THE TAX EFFECT IN THE GROUNDS RAISED BY THE REVENUE IS, ADM ITTEDLY, BELOW RS.20 LAKHS AND, THEREFORE, IN VIEW OF THE RECENT CBDT CIRCULAR NO.0 3/2018 DATED 11 TH JULY, 2018, THE APPEAL FILED BY THE REVENUE IS NOT MAINTAINABLE AND HAS TO BE DISMISSED. THE LD. DR ITA NO.90/RPR/2015 2 FAIRLY CONCEDED THAT THE TAX EFFECT INVOLVED IN THE GROUNDS RAISED BY THE REVENUE IS, ADMITTEDLY, BELOW RS.20 LAKHS. IN VIEW OF THE ABOV E SUBMISSIONS OF BOTH THE SIDES AND CONSIDERING THE FACT THAT THE TAX EFFECT ON THE GRO UNDS RAISED BY THE REVENUE IS BELOW RS.20 LAKHS, THEREFORE, IN THE LIGHT OF THE CBDT CI RCULAR NO.03/2018 DATED 11 TH JULY, 2018, WHICH IS APPLICABLE EVEN TO PENDING APPEALS, THE APPEAL FILED BY THE REVENUE IS NOT MAINTAINABLE. HOWEVER, IF THE REVENUE, AT ANY POINT OF TIME, FINDS THAT THE CASE OF THE REVENUE FALLS UNDER ANY OF THE CLAUSES AS PER A MENDED PARA 10 OF THE SAID CIRCULAR, VIDE NOTIFICATION DATED 20 TH AUGUST, 2018, THE REVENUE IS AT LIBERTY TO FILE MISCELLANEOUS APPLICATION FOR REVIVAL OF THE APPEAL . THE APPEAL FILED BY THE REVENUE IS, ACCORDINGLY, DISMISSED. 3. IN THE RESULT, THE APPEAL FILED BY THE REV ENUE IS DISMISSED. THE DECISION WAS PRONOUNCED ON 16 TH NOVEMBER, 2018. SD/- SD/- (SUCHITRA KAMBLE) ( R.K. PANDA) JUDICIAL MEMBER ACCOUNTANT MEMF BER DATED: 16 TH NOVEMBER, 2018 DK COPY FORWARDED TO 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR SR. PRIVATE SECRETARY, ITAT, NEW DELHI.