ITO, Bangalore V. M/s Bodhi Professional Solutions Pvt. Ltd., Bangalore

ITA 996/BANG/2016

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 5184 (ITAT-BANGALORE)
• Duration Of Justice: 4 year(s) 2 month(s) 16 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 29-07-2020
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 28-07-2020
• Assessment Year: 2007-2008
• Appeal Filed On: 13-05-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: PRIYADARSHI MISRA
• Assessee Lawyers: VENKATESH PANI
• Keywords: Tax effect
• Section: 143(3); 250

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL BANGALORE BENCHES B BENCH: BANGALORE BEFORE SHRI B.R. BASKARAN, ACCOUNTANT MEMBER AND SHRI PAVAN KUMAR GADALE, JUDICIAL MEMBER ITA NO. 996 /BANG/201 6 (ASSESSMENT YEAR: 20 0 7 - 08 ) INCOME TAX OFFICER, WARD 1 (1)( 4), BANGLAORE. .APPELLANT VS. M/S. BODHI PROFESSIONAL SOLUTIONS PVT. LTD. , 8 TH CROSS, SAMPIGE, MALLESWARAM, BANGALORE - 560 003 RESPONDENT. PAN AABCB5574E ASSESSEE BY: SHRI VENKATESH PANI, ADVOCATE. REVENUE BY: SHRI PRIYADARSHI MISRA, JCIT (D.R) DATE OF HEARING : 28.07 .20 20. DATE OF PRONOUNCEMENT : 29 .07 .20 20. 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) - 1, BANGALORE PASSED U/S . 143(3) R.W.S 25 4 AND 250 OF THE INCOME TAX ACT, 1961. 2. AT THE TIME OF HEARING, IT WAS BROUGHT TO THE KNOWLEDGE OF THE BENCH THAT THE TAX EFFECT IN THE APPEAL IS BELOW RS.50 LAKHS, THEREFORE COVERED BY CBDT C IRCULAR NO.17/2019 DT.8.8.2019. WE FIND AS PER THE CBDT CIRCULAR NO. 17/ 2019 2 ITA NO. 996/BANG/2016 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, TH E ASSESSING OFFICER HAS RAISED TAX DEMAND UNDER SECTION 143(3)R.W.S 254 OF THE ACT VIDE ORDER DT.28.03.2014 OF RS.33,34,935/ - (EXCLUDING INTEREST) WHICH IS NOT DISPUTED BY THE R E VENUE , AND THE LEARNED CIT (APPEALS) HAS GRANTED THE RELIEF. FURTHER THE CIRCULAR OF THE CBDT IS ALSO APPLICABLE TO THE PENDING CASES. ACCORDINGLY, THE TAX DEMAND RAISED BY THE REVENUE AUTHORITY IS BELOW RS.50 LAKHS AND CIRCULAR IS APPLICABLE TO THE PENDIN G APPEALS.HENCE, WE DISMISS THE REVENUES APPEAL ON MAINTAINABILITY AND LOW TAX EFFECT. 3. IN THE RESULT, APPEAL OF THE REVENUE IS DISMISSED. PRONOUNCED IN THE OPEN COURT ON THE DATE MENTIONED ON THE CAPTION PAGE. S D / - S D / - ( B.R. B ASKARAN ) (PAVAN KUMAR GADALE) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 2 9 .07. 20 20 . *REDDY GP COPY TO 1. THE APPELLANT 2. THE RESPONDENT 3. CIT (A) 4. PR. CIT 5. DR, ITAT, BANGALORE. 6. GUARD FILE BY ORDER ASSISTANT REGISTRAR INCOME - TAX APPELLATE TRIBUNAL BANGALORE