INCOME TAX OFFICER (EXEMPTIONS) WARD-1, HUBLI vs. M/S REDDY JANA SANGHA, CHITRADURGA

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ITA 2380/BANG/2018Status: DisposedITAT Bangalore28 August 2019AY 2012-133 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal dismissed the Revenue's appeal, citing CBDT Circular No. 17/2019 which mandates no appeal filing if the tax effect is below Rs. 50 lakhs. The tax demand in this case was below the threshold.

What were the facts?

The assessee filed a Nil income return, but the Assessing Officer assessed total income at Rs. 71,77,610. The CIT(A) partly allowed the assessee's appeal after considering the assessee's registration under Section 12A.

What were the issues?

The primary issue was the maintainability of the Revenue's appeal before the Tribunal due to low tax effect, as per CBDT guidelines.

Which sections of the Income-tax Act were involved?

Section 12A,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 A. K. GARODIA & SHRI PAVAN KUMAR GADALE

For Respondent: Shri S. Ramasubramanian, C.A
Hearing: 10.07.2019Pronounced: 28.08.2019

O R D E R

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.

2.

We heard the rival submissions and perused the material on record and we found that the assessee has filed Return of Income for the Asst. Year 2012-13 on 20.12.2009 with NIL income. Subsequently, the Assessing Officer has taken up the case for scrutiny and assessed

Rs.71,77,610 and raised demand of Rs.24,69,760. On appeal, the learned CIT (Appeals) considering the written submissions, judicial decisions and fact that the assessee was granted Registration under Section 12A of the Act partly allowed the appeal. Aggrieved by the CIT (Appeals) order, the Revenue has filed appeal in the Tribunal. 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 of Rs.24,69,760 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.

3.

In the result, appeal of the Revenue is dismissed.

Order pronounced in the open court on 28th Aug., 2019.

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