DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-2(1), DAVANAGERE vs. SHRI. LAXMANDAS MOOLCHAND, CHITRADURGA

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ITA 2711/BANG/2017Status: DisposedITAT Bangalore21 February 2019AY 2011-122 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 dismissed the Revenue's appeal in limine. This was based on the submission by the learned DR that the tax effect of the relief granted was less than 20 lakhs, making the appeal non-maintainable as per Circular No. 3/2018.

What were the facts?

The Revenue appealed against the CIT(A)'s order which granted relief to the assessee on additions made by the AO concerning cash deposits, unsecured loans, and gifts. The total addition by AO was 66.19 lakhs, and the CIT(A) granted relief of 59.51 lakhs.

What were the issues?

The primary issue was whether the Revenue's appeal should be entertained given the low tax effect of the contested relief granted by the CIT(A).

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “B” BENCH : BANGALORE

Before: SHRI N. V. VASUDEVAN & SHRI B. R. BASKARAN

For Respondent: Shri. R. N. Siddappaji, Addl. CIT
Hearing: 21.02.2019Pronounced: 21.02.2019

Per B. R. Baskaran, Accountant Member

1.

The Revenue has filed this appeal challenging the order dated 31.07.2017 passed by learned CIT(A), Davangere and it relates to Assessment Year 2011-12.

2.

None appeared on behalf of the assessee. However, the learned DR submitted that the tax effect involved in the issues contested in the present appeal is less than 20 lakhs.

3.

We heard the learned DR and perused the record. The Revenue is contesting the relief granted by learned CIT(A) in respect of additions relating to Page 2 of 2 cash deposits, unsecured loans and gifts received. The AO had made an addition of 66.19 lakhs in aggregate and the learned CIT(A) has granted relief to the tune of 59.51 lakhs. The Ld D.R submitted that the tax effect involved on the relief granted is less than 20 lakhs. Hence, as per Circular No. 3/2018 dated 11th July, 2018, the Revenue is precluded from pursuing this appeal. Accordingly, we dismiss this appeal of the Revenue in limine.

4.

In the result, appeal of the Revenue is dismissed.

Order pronounced in the open court on this day of 21st February, 2019.

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