Deputy Commissioner of Income Tax Circle-5(2)(1), Bangalore V. M/s Mysore Timber Trading Company , Bangalore

ITA 991/BANG/2018

• Counselvise Citation: [2019] 116 COUNSELVISE.COM (IT) 0558 (ITAT-BANGALORE)
• Duration Of Justice: 1 year(s) 5 month(s) 14 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-09-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2012-2013
• Appeal Filed On: 02-04-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: VINOD SHARMA
• Assessee Lawyers: PRATHIBHA; MSSSHRI AMAN PIRGAL
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH : BANGALORE BEFORE SHRI B.R BASKARAN, ACCOUNTANT MEMBER AND SMT. BEENA PILLAI, JUDICIAL MEMBER SL. NO . ITA / CO NO. A.Y. APPELLANT / CROSS OBJECTOR RESPONDENT 1 991/ BANG/2018 2012-13 THE DY. COMMISSIONER OF INCOME TAX, CIRCLE 5(2)(1), BENGALURU. M/S MYSORE TIMBER TRADING COMPANY, NO.9, NEW TIMBER YARD LAYOUT, MYSORE ROAD, BENGALURU-560 026. PAN AABFM 9093 Q. 2 1976/ BANG/2018 2009-10 THE INCOME TAX OFFICER EXEMPTIONS), WARD 1, GULBARGA. M/S SHRI NAYAK EDUCATION SOCIETY, #899/3, GAYNAG BAWDI NEAR HAZARAT, JUNEDI DARGA, VIJAYAPUR-586 101. PAN AADAS 8918 B APPELLANTS BY : SHRI VINOD SHARMA, JCIT (DR) RESPONDENTS BY : MS/S/SHRI AMAN PIRGAL, C.A AND S MT. PRATHIBHA, ADVOCATE DATE OF HEARING : 16.09.2019 DATE OF PRONOUNCEMENT : 16.09.2019 O R D E R PER BENCH: BOTH THE APPEALS FILED BY THE REVENUE ARE DIRECTED AGAINST THE ORDERS PASSED BY THE LD CIT(A) IN THE RESPECTIVE HA NDS OF THE ASSESSEES AND THEY RELATE TO THE ASST. YEARS MENTIO NED IN THE CAPTION AGAINST EACH OF THE PARTIES. ITA NOS.1976 & 991/BANG/2018 PAGE 2 OF 4 2. AT THE OUTSET, THE LD COUNSELS APPEARING FOR THE ASSESSEES SUBMITTED THAT THE TAX EFFECT INVOLVED IN THE ISSUE S CONTESTED BY THE REVENUE DOES NOT EXCEED 50 LAKHS IN EACH OF THESE A PPEALS. ACCORDINGLY IT WAS SUBMITTED THAT THE REVENUE IS PR ECLUDED FROM PURSUING THESE APPEALS AS PER CIRCULAR NO.17/2019 D ATED 8/8/2019 ISSUED BY CENTRAL BOARD OF DIRECT TAXES, W HICH HAS BEEN CLARIFIED BY CBDT AS APPLICABLE TO ALL PENDING APPE ALS, VIDE ITS INSTRUCTION DATED 20/8/2019. ACCORDINGLY, THE LD A .RS SUBMITTED THAT BOTH THESE APPEALS ARE REQUIRED TO BE DISMISSE D IN LIMINE. 3. THE LD DR DID NOT OBJECT TO THE SUBMISSIONS MADE BY THE COUNSELS FOR THE ASSESSEES. 4. ACCORDINGLY WE DISMISS BOTH THE APPEALS OF TH E REVENUE IN LIMINE. HOWEVER LIBERTY IS GIVEN TO THE REVENUE T O MOVE APPLICATION FOR RECALL OF THE ORDER(S), IF IT IS FOUND THAT THE TAX EFFECT INVOLVED ON THE ISSUES DISPUTED IN THE APPEALS IS MORE THAN 50 LAKHS OR IF IT IS FOUND THAT THE ISSUES CONTESTED THEREIN FALL IN THE CATEGORY OF EXCEPTIONS PRESCRIBED BY THE CBDT CIRCULAR OR SUBS EQUENTLY. 5. IN THE RESULT, BOTH THE APPEALS OF THE REVENU E ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 16 TH SEPTEMBER, 2019. SD/- SD/- (BEENA PILLAI) (B.R BASKARA N) JUDICIAL MEMBER ACCOUNTANT ME MBER BANGALORE, DATED, THE 16 TH SEPTEMBER, 2019. /VMS/ ITA NOS.1976 & 991/BANG/2018 PAGE 3 OF 4 COPY TO: 1. APPELLANT (S) / CROSS OBJECTOR(S) 2. RESPONDENT(S) 3. CIT 4. CIT(A) 5. DR, ITAT, BANGALORE. 6. GUARD FILE BY ORDER ASSISTANT REGISTRAR ITAT, BANGALORE. ITA NOS.1976 & 991/BANG/2018 PAGE 4 OF 4 1. DATE OF DICTATION 2. DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER . 3. DATE ON WHICH THE APPROVED DRAFT COMES TO SR.P.S .. 4. DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE DICTATING MEMBER .. 5. DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR. P.S. .. 6. DATE OF UPLOADING THE ORDER ON WEBSITE.. 7. IF NOT UPLOADED, FURNISH THE REASON FOR DOING SO .. 8. DATE ON WHICH THE FILE GOES TO THE BENCH CLERK .. 9. DATE ON WHICH ORDER GOES FOR XEROX & ENDORSEMENT 10. DATE ON WHICH THE FILE GOES TO THE HEAD CLERK . 11. THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT REGISTRAR FOR SIGNATURE ON THE ORDER . 12. THE DATE ON WHICH THE FILE GOES TO DISPATCH SECTION FOR DISPATCH OF THE TRIBUNAL ORDER . 13. DATE OF DESPATCH OF ORDER. ..