The Assistant Commissioner Of Income Tax, Circle- 1(1) & TPS, Mangalore V. Shri Vinod M Sherlekar , Mangalore

MA 100/BANG/2019

• Counselvise Citation: [2019] 111 COUNSELVISE.COM (IT) 5551 (ITAT-BANGALORE)
• Duration Of Justice: 5 month(s) 26 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 11-10-2019
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: C
• Assessment Year: 2013-2014
• Appeal Filed On: 15-04-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: SHREEHARI KUTSA
• Keywords: Tax effect
• Section: 254(2); 13

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH : BANGALORE BEFORE SHRI N V VASUDEVAN, VICE PRESIDENT AND S HRI A K GARODIA , ACCOUNTANT MEMBE R MP NOS. 99 & 100/BANG/2019 [IN ITA NO S . 2757 & 2758/BANG/2017] ASSESSMENT YEAR S : 2012 - 13 & 2013 - 14 THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE 1(1), MANGALORE. VS. SHRI VINOD M. SHERLEKAR, NO.4-1-1-3, VEENU CONSTRUCTIONS, BALLALAGH, M.G. ROAD, MANGALORE. P AN: AHMPS 4701M APP LICANT RESPONDENT APP LICANT BY : SMT . R. PREMI , JT. CIT(D R ), ITAT, BANGALORE. RESPONDENT BY : SHRI SHREEHARI KUTSA, ADVOCATE DATE O F HEARING : 27 .09.2019 DATE OF PRONOUNCEMENT : 11. 1 0 .2019 O R D E R PER N V VASUDEVAN, VICE PRESIDENT THESE ARE MISCELLANEOUS PETITIONS FILED BY THE REVENUE U/S. 254(2) OF THE INCOME-TAX ACT, 1961 [THE ACT] PRAYING THA T THE ORDERS OF TRIBUNAL PASSED IN THE AFORESAID APPEALS SUFFER FROM A MISTA KE APPARENT ON THE FACE OF RECORD AND SHOULD BE RECALLED FOR ADJUDICATION A FRESH. 2. WE HAVE HEARD THE RIVAL SUBMISSIONS. THE APPEA LS AS WELL AS THE COS WERE DISMISSED FOR THE REASON THAT THE TAX EFFE CT INVOLVED IN THE APPEALS BY THE REVENUE WAS LESS THAN RS.20 LAKHS AN D IN VIEW OF CBDT CIRCULAR NO.3/2018 DATED 11.12.2018, THE APPEAL OF REVENUE WAS LIABLE TO MP NOS. 99 & 100/BANG/2019 PAGE 2 OF 3 BE DISMISSED AS NOT MAINTAINABLE. IN THESE MPS, I T HAS BEEN POINTED OUT THAT THE TAX EFFECT FOR THE AY 2013-14 I.E., IN ITA NO.2758/BANG/2017 WAS RS.64.80 LAKHS AND THEREFORE THE SAID APPEAL OF THE REVENUE OUGHT NOT TO HAVE BEEN DISMISSED FOR LOW TAX EFFECT. 3. WE HAVE CONSIDERED THE SUBMISSION AND WE FIND TH AT THE TAX EFFECT IN THE APPEAL FOR AY 2013-14 WAS MORE THAN RS.20 LA KHS IN ITA NO.2758/BANG/2017 AND CONNECTED OF THE ASSESSEE VIZ ., CO NO.35/BANG/2018 AND THE ORDERS PASSED THEREIN HAS T O BE RECALLED. THEREFORE, THE REGISTRY IS DIRECTED TO POST THE APP EAL IN ITA NO.2758/BANG/2017 AND THE CONNECTED CO NO.35/BANG/2 018 FOR THE AY 2013-14 FOR HEARING IN DUE COURSE AFTER NOTICE TO T HE PARTIES. 4. AS FAR AS THE APPEAL OF REVENUE FOR AY 2012-13 I S CONCERNED, THE TAX EFFECT IS ADMITTEDLY LESS THAN RS.20 LAKHS AND THER EFORE THE ORDER PASSED THEREIN IS NOT TO BE RECALLED. 5. IN THE RESULT, MP NO.99/BANG/2017 IS DISMISSED, WHILE THE MP NO.100/BANG/2017 IS ALLOWED. PRONOUNCED IN THE OPEN COURT ON THIS 11 TH DAY OF OCTOBER, 2019. SD/- SD/- ( A K GARODIA ) ( N V VASUDEVAN ) ACCOUNTANT MEMBER VICE PRESIDENT BANGALORE, DATED, THE 11 TH OCTOBER, 2019. / D ESAI S MURTHY / MP NOS. 99 & 100/BANG/2019 PAGE 3 OF 3 COPY TO: 1. APPLICANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR, I TAT, BANGALORE. 6 . GU ARD FIL E BY ORDER ASSISTANT REGISTRAR, ITAT, BANGALORE.