Income Tax Appellate Tribunal - Bangalore
Assistant Commissioner Of Income Tax ... vs Sri H.R.Gaviappa & Co, Bellary on 13 September, 2019
IN THE INCOME TAX APPELLATE TRIBUNAL
BANGALORE BENCHES " A " BENCH: BANGALORE
BEFORE SHRI A.K. GARODIA, ACCOUNTANT MEMBER
AND
SHRI PAVAN KUMAR GADALE, JUDICIAL MEMBER
ITA No.761/Bang/2017
(Assessment Year: 2011-12)
Asst. Commissioner of Vs. Shri H. R. Gaviappa & Co.
Income Tax, Mine Owners, 4th Floor,
Circle 1(1), Bangalore. HRG Complex, HRG Circle,
Bellary-583 101
PAN AAAFH 6251N
(Appellant) (Respondent)
Appellant By: Shri Shahnawaz Ul Rahman, JCIT (D.R)
Respondent By: Shri B.S. Balachandran, Advocate.
Date of Hearing : 05.09.2019
Date of Pronouncement : 13.09.2019
ORDER
PER SHRI PAVAN KUMAR GADALE, JM :
The Revenue has filed an appeal against the order of Commissioner of Income Tax (Appeals), Gulbarga passed u/s. 143(3) and 250 of the Income Tax Act, 1961.
2. At the time of hearing, it was brought to the knowledge of the Bench the tax effect in the appeal is below Rs.50 lakhs therefore covered by CBDT Circular No.17/2019 Dt.8.8.2019. We find as per the CBDT Circular No.17/2019 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, the ld. AR filed written submissions and the relief granted by the CIT 2 ITA No.761/Bang/2017 (Appeals) where the tax effect is below Rs.50 lakhs which is not disputed by the ld. DR. Further the Circular of the CBDT is also applicable to the pending cases. Accordingly, the tax demand raised by the Revenue authorities is below Rs.50 lakhs and circular is applicable to the pending appeals. Hence we dismiss the Revenue's appeal on maintainability and low tax effect.
3. In the result, appeal of the Revenue is dismissed. Order pronounced in the open court on 13th Sept., 2019.
Sd/- Sd/-
(A.K. GARODIA) (PAVAN KUMAR GADALE)
ACCOUNTANT MEMBER JUDICIAL MEMBER
Dated: 13.09.2019.
*Reddy GP
Copy to
i)The Appellant ii)The Respondent iii)CIT (Appeals)
iv) Pr. CIT v)DR, ITAT, Bangalore vi)Guard File
By order
Assistant Registrar
Income-tax Appellate Tribunal
Bangalore