Income tax Officer, Ward-1, Bellary V. Sri G Gurubasavaraj, Bangalore

MA 49/BANG/2015

• Counselvise Citation: [2015] 124 COUNSELVISE.COM (IT) 3369 (ITAT-BANGALORE)
• Duration Of Justice: 4 month(s) 3 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 14-08-2015
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2001-2002
• Appeal Filed On: 10-04-2015
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: DR P K SRIHARI
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH : BANGALORE BEFORE SHRI N.V. VASUDEVAN, JUDICIAL MEMBER AND SHRI ABRAHAM P. GEORGE, ACCOUNTANT MEMBER M.P. NO.49/BANG/2015 [IN ITA NO.920/BANG/2008] ASSESSMENT YEAR : 2001-02 THE INCOME TAX OFFICER, WARD 1, BELLARY. VS. SRI G. GURUBASAVARAJ, PARTNER, M/S.G. GURUBASAVARAJ ASSOCIATES, SANGANAKAL ROAD, NEW KEB OFFICE, BELLARY. PAN : ACQPG 1566P APPLICANT RESPONDENT APPLICANT BY : DR. P.K. SRIHARI, ADDL. CIT(DR) RESPONDENT BY : NONE DATE OF HEARING : 07.08.2015 DATE OF PRONOUNCEMENT : 14.08.2015 O R D E R PER N.V. VASUDEVAN, JUDICIAL MEMBER THIS IS A MISCELLANEOUS PETITION FILED BY THE REV ENUE U/S. 254(2) OF THE ACT PRAYING FOR RECTIFICATION OF CERTAIN APPARE NT ERRORS IN THE ORDER OF TRIBUNAL DATED 14.11.2014. 2. THE ABOVE APPEAL FILED BY THE REVENUE WAS DISMIS SED FOR THE REASON THAT THE TAX EFFECT IN THE APPEAL WAS LESS T HAN RS.4 LAKHS. IT IS THE PLEA OF THE REVENUE IN THIS PETITION THAT THE APPEA L WAS INSTITUTED ON MP NO.49/BANG/2015 PAGE 2 OF 3 23.6.2008 AND AS ON THAT DATE, THE MONETARY LIMIT F OR FILING AN APPEAL BEFORE THE TRIBUNAL WAS RS.3 LAKHS. THEREFORE, THE APPEAL FILED BY THE REVENUE AT THE TIME WHEN IT WAS FILED, WAS NOT HIT BY THE LOW TAX EFFECT. THEREFORE APPROPRIATE ORDERS ARE PRAYED FOR IN THIS MISC. PET ITION. 3. WE HAVE HEARD THE LD. DR, WHO REITERATED THE CON TENTIONS RAISED IN THE PETITION. WE FIND FROM PARA 9 OF THE TRIBUNAL S ORDER THAT THE VERY SAME CONTENTION WAS PUT FORTH BY THE LD. DR AND THE SAME HAS BEEN DEALT WITH IN PARA 10 OF THE TRIBUNALS ORDER. THE TRIBUNAL, FOL LOWING THE DECISION OF THE HONBLE HIGH COURT OF KARNATAKA IN RANKA & RANKA, 352 ITR 121 (KARN) , HELD THAT REVISED MONETARY LIMITS ARE APPLICABLE TO APPEALS FILED EVEN PRIOR TO REVISION OF MONETARY LIMITS WHICH ARE PENDING CO NSIDERATION. IN VIEW OF THE ABOVE, WE ARE OF THE VIEW THAT THERE IS MISTAKE , MUCH LESS AN APPARENT MISTAKE IN THE ORDER OF THE TRIBUNAL. 4. THE MISCELLANEOUS PETITION IS THEREFORE DISMISSE D. PRONOUNCED IN THE OPEN COURT ON THIS 14 TH DAY OF AUGUST, 2015. SD/- SD/- ( ABRAHAM P. GEORGE ) ( N.V. VASU DEVAN ) ACCOUNTANT MEMBER JUDICIAL M EMBER BANGALORE, DATED, THE 14 TH AUGUST, 2015. /D S/ MP NO.49/BANG/2015 PAGE 3 OF 3 COPY TO: 1. APPLICANT 2. RESPONDENTS 3. CIT 4. CIT(A) 5. DR, ITAT, BANGALORE. 6. GUARD FILE BY ORDER ASSISTANT REGISTRAR / SENIOR PRIVATE SECRETARY ITAT, BANGALORE.