The Deputy Commissioner of Income Tax (Exemptions) Circle-1 , Mangaluru V. M/s Hyderabad Karnataka Education Society , Kalburgi

MA 142/BANG/2020

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 0962 (ITAT-BANGALORE)
• Duration Of Justice: 3 month(s) 7 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 24-02-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2012-2013
• Appeal Filed On: 16-11-2020
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: R PREMI
• Assessee Lawyers: RAJKUMAR HANCHNAL
• Keywords: Tax effect
• Section: 234B

Judgement Text

MP NOS.142&143/BANG/2020 M/S. HYDERABAD KARNATAKA EDUCATION SOCIETY, GULBARG A IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH: BANGALORE BEFORE SHRI B. R. BASKARAN, ACCOUNTANT MEMBER AND SMT. BEENA PILLAI, JUDICIAL MEMBER MP NOS.142&143/BANG/2020 (ARISING OUT OF ITA NOS.2275 & 2276/BANG/2018) ASSESSMENT YEAR: 2012-13 & 2013-14 DEPUTY COMMISSIONER OF INCOME-TAX (EXEMPTION) CIRCLE-1 MANGALURU VS. M/S. HYDERABAD KARNATAKA EDUCATION SOCIETY AIWAN-E-SHAHI ROAD NEAR RAILWAY STATION GULBARGA PAN NO.AAAAH1008G APPELLANT RESPONDENT A PPELLANT BY : SMT. R. PREMI, D.R. RESPONDENT BY : SHRI RAJKUMAR HANCHNAL, A.R. DATE OF HEARING : 19.02.2021 DATE OF PRONOUNCEMENT : 24.02.2021 O R D E R PER B.R. BASKARAN, ACCOUNTANT MEMBER: BOTH THESE MISCELLANEOUS APPLICATIONS HAVE BEEN FI LED BY THE REVENUE SEEKING RECALL OF THE ORDERS PASSED IN RESP ECT OF TWO APPEALS RELATING TO AY 2012-13 AND 2013-14. 2. WE HEARD THE PARTIES AND PERUSED THE RECORD. TH E TRIBUNAL, VIDE ITS COMMON ORDER DATED 14.08.2020, PASSED ORDE RS IN RESPECT OF FOUR APPEALS RELATING TO AY 2011-12 TO 2014-15 FILE D BY THE REVENUE. THE TRIBUNAL DISMISSED THE APPEALS OF THE REVENUE O BSERVING THAT THE TAX EFFECT INVOLVED IN THESE FOUR APPEALS ARE LESS THAN THE MONETARY MP NOS.142&143/BANG/2020 M/S. HYDERABAD KARNATAKA EDUCATION SOCIETY, GULBARG A PAGE 2 OF 3 LIMITS PRESCRIBED BY THE CBDT IN ITS CIRCULAR NO.17 /2019 DATED 08/08/2019. 3. THE REVENUE HAS FILED THESE TWO MISCELLANEO US APPLICATIONS POINTING OUT THAT THE TAX EFFECT INVOLVED IN THE AP PEALS RELATING TO AY 2012-13 & 2013-14 IS MORE THAN THE MONETARY LIMITS. ACCORDINGLY IT IS PRAYED THAT THE ORDERS PASSED FOR ABOVE SAID TWO YEARS MAY BE RECALLED. 4. THE DISPUTE URGED IN THE ABOVE SAID TWO APPEA LS RELATED TO INTEREST CHARGED U/S 234B OF THE ACT. WHEN WE EXAMI NED THE COMPUTATIONS GIVEN BY THE REVENUE IN ITS MISCELLANE OUS APPLICATIONS, WE NOTICED THAT THE REVENUE HAS TAKEN INTO CONSIDER ATION INTEREST CHARGED BOTH U/S 234A AND 234B OF THE ACT. ACCORDI NGLY THE LD D.R WAS DIRECTED TO CLARIFY THE TAX EFFECT BY CONSIDERI NG ONLY THE INTEREST CHARGED U/S 234B OF THE ACT. THE LD D.R HAS FURNIS HED A LETTER DATED 8 TH FEBRUARY, 2021, WHEREIN IT WAS FAIRLY STATED THAT THE TAX EFFECT PERTAINING TO INTEREST CHARGED U/S 234B WAS LESS TH AN THE MONETARY LIMIT OF RS.50.00 LAKHS PRESCRIBED BY CBDT IN THE A BOVE SAID CIRCULAR IN BOTH THE YEARS. 5. WE HEARD THE PARTIES ON THE BASIS OF THE AB OVE SAID FACTS. SINCE THE ISSUE URGED IN BOTH THE APPEALS RELATED TO INTE REST CHARGED U/S 234B OF THE ACT AND SINCE THE TAX EFFECT INVOLVED I N BOTH THE YEARS IS LESS THAN RS.50.00 LAKHS, WE DO NOT FIND ANY MISTAK E APPARENT FROM RECORD IN THE ORDER PASSED BY THE TRIBUNAL. ACCORD INGLY WE ARE OF THE VIEW THAT BOTH THE MISCELLANEOUS APPLICATIONS FILED BY THE REVENUE ARE LIABLE TO BE DISMISSED. WE ORDER ACCORDINGLY. MP NOS.142&143/BANG/2020 M/S. HYDERABAD KARNATAKA EDUCATION SOCIETY, GULBARG A PAGE 3 OF 3 6. IN THE RESULT, BOTH THE MISCELLANEOUS APPLICA TIONS FILED BY THE REVENUE ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 24 TH FEB, 2021 SD/- (BEENA PILLAI) JUDICIAL MEMBER SD/- (B.R. BASKARAN) ACCOUNTANT MEMBER BANGALORE, DATED 24 TH FEB, 2021. VG/SPS COPY TO: 1. THE APPLICANT 2. THE RESPONDENT 3. THE CIT 4. THE CIT(A) 5. THE DR, ITAT, BANGALORE. 6. GUARD FILE BY ORDER ASST. REGISTRAR, ITAT, BANGALORE.