ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE - 1(1), DAVANAGERE vs. SHRI. KANKARA SRINATH REDDY, DAVANAGERE

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ITA 1209/BANG/2019Status: DisposedITAT Bangalore08 November 2019AY 2015-163 pages

In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal condoned the delay in filing the appeal. The Tribunal dismissed the appeal as the tax effect was below Rs. 50 lakhs, which is covered by CBDT Circular No. 17/2019.

What were the facts?

The Revenue filed an appeal against an order of the CIT(A) which granted relief to the assessee. There was a delay of 12 days in filing the appeal by the Revenue.

What were the issues?

Whether the Revenue's appeal is maintainable due to low tax effect as per CBDT circular. Whether the delay in filing the appeal should be condoned.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 250

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, BANGALORE BENCHES “ C ” BENCH: BANGALORE

Before: SHRI B.R. BASKARAN & SHRI PAVAN KUMAR GADALE

For Appellant: Shri M. Vijay Kumar, Addl. CIT (D.R)
For Respondent: Shri V. Sreenivasan, Advocate
Hearing: 07.11.2019Pronounced: 08.11.2019

PER SHRI PAVAN KUMAR GADALE, JM :

1.

The Revenue has filed an appeal against the order of Commissioner of Income Tax (Appeals), Davangere passed u/s. 143(3) and 250 of the Income Tax Act, 1961. We find there is delay of 12 days in filing the appeal and on examination of condonation petition filed for delay in filing the appeal; we find Affidavit are reasonable and we condone the delay and admit the appeal.

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 Assessing Officer has raised a demand under Section 143(3) vide order dt.29.12.2017 of Rs.32,63,884 (excluding interest) which is not disputed and the learned CIT (Appeals) has granted relief. 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.

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