Deputy Commissioner of Income-Tax, Circle- 4(1)(1), Bangalore V. M/s. Lifestyle International Private Limited, Bangalore

MA 124/BANG/2020

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 3986 (ITAT-BANGALORE)
• Duration Of Justice: 8 month(s) 5 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 03-11-2020
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2011-2012
• Appeal Filed On: 28-02-2020
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: DR NISCHAL ADD L BENGALURU
• Assessee Lawyers: K R VASUDEVAN
• Keywords: Tax effect
• Section: 254(2)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH : BANGALORE BEFORE SHRI N.V. VASUDEVAN, VICE PRESIDENT AND SHRI B R BAS KARAN , ACCOUNTANT MEMBER MP NO.124/BANG/2020 [ IN ITA NO . 2260/BA NG/2016] ASSESSMENT YEAR : 2011 - 12 THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 4(1)(1), BENGALURU. VS. M/S. LIFESTYLE INTERNATIONAL (P) LTD., NO.77, TOWN CENTRE, BUILDING NO.3, WEST WING, OFF HAL AIRPORT ROAD, BENGALURU 560 037. PAN: AAACL 2937J APPLICANT RESPONDENT APP L IC ANT BY : DR . NISCHAL, ADD L. CIT(DR)(ITAT), BENGALURU. RESPONDENT BY : SHRI K.R. VASUDEVAN, ADVOCATE DATE OF HEARING : 23 . 1 0 .2020 DATE OF PRONOUNCEMENT : 03 . 1 1 .2020 O R D E R PER N.V. VASUDEVAN, VICE PRESIDENT THIS IS A MISCELLANEOUS PETITION FILED BY THE REVEN UE U/S. 254(2) OF THE INCOME TAX ACT, 1961 (THE ACT) PRAYING FOR RECA LLING THE ORDER DATED 24.10.2019 PASSED BY THE TRIBUNAL DISMISSING THE AF ORESAID APPEAL OF THE REVENUE ON THE GROUND THAT THE TAX EFFECT INVOLVED IN THE REVENUES APPEAL WAS LESS THAN RS.50 LAKHS AND IN VIEW THE CBDT CIRC ULAR NO. 17/2009, THE REVENUE CANNOT FILE APPEALS BEFORE THE TRIBUNAL WHE RE THE TAX EFFECT INVOLVED IN THE APPEAL IS LESS THAN RS. 50 LAKHS. MP NO.124/BANG/2020 PAGE 2 OF 2 2. IN THIS PETITION, REVENUE HAS POINTED OUT THAT THE TAX EFFECT IN THE APPEAL IS MORE THAN 50 LAKHS AND IS IN FACT A SUM O F RS.1,03,27,506/-. 3. THE LD. COUNSEL FOR THE ASSESSEE FAIRLY ADMITTED THAT THE CLAIM MADE BY THE REVENUE IN THE PETITION IS CORRECT. HE, HOW EVER, POINTED OUT THAT THE CONNECTED APPEAL OF THE ASSESSEE IS POSTED FOR HEAR ING ON 24.11.2020 AND THEREFORE THIS APPEAL AFTER RECALL SHOULD ALSO BE P OSTED FOR HEARING ON 24.11.2020. ACCORDINGLY, THE ORDER OF THE TRIBUNA L DATED 24.10.2019 IN ITA NO.2260/BANG/2019 DISMISSING THE APPEAL OF REVE NUE IS RECALLED AND THE APPEAL IS DIRECTED TO BE FIXED FOR HEARING ON 2 4.11.2020 ALONG WITH THE CONNECTED APPEAL. NO SEPARATE NOTICES TO THE PART IES WILL BE ISSUED. 4. IN THE RESULT, THE MISCELLANEOUS PETITION BY THE REVENUE IS ALLOWED. PRONOUNCED IN THE OPEN COURT ON THIS 3 RD DAY OF NOVEMBER, 2020. SD/- SD/- ( B R BASKARAN ) ( N V VASUDEVAN ) ACCOUNTANT MEMBER VICE PRESIDENT BANGALORE, DATED, THE 3 RD NOVEMBER, 2020. / DESAI S MURTHY / COPY TO: 1. APPLICANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR, ITAT, BANGALORE. BY ORDER ASSISTANT REGISTRAR ITAT, BANGALORE.