DEPUTY COMMISSIONER OF INCOME TAX CENTRAL CIRCLE-2, MANGALORE vs. SHRI VINOD M SHERLEKAR, MANGALORE

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ITA 2757/BANG/2017Status: DisposedITAT Bangalore16 November 2018AY 2012-134 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 held that the Revenue's appeals were not maintainable due to the tax effect being below the threshold specified by CBDT Circular No. 3/2018. Consequently, the assessee's cross-objections were also dismissed as infructuous.

What were the facts?

The Revenue filed appeals before the ITAT against orders of the CIT(Appeals). The tax effect in these appeals was less than Rs. 20 lakhs. The assessee also filed cross-objections.

What were the issues?

Maintainability of Revenue's appeal before the ITAT based on tax effect threshold and the consequential dismissal of cross-objections.

Which sections of the Income-tax Act were involved?

Not Applicable

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “C” BENCH : BANGALORE

Before: SHRI N.V. VASUDEVAN & SHRI INTURI RAMA RAO

For Appellant: Shri Sreehari Kulsa, C.A
For Respondent: Shri Pradeep Kumar, CIT, Shri Sreehari Kulsa, C.A

Date of hearing : 14-11-2018 Date of Pronouncement : 16-11-2018 O R D E R Per Bench & 2758 are appeals filed by the revenue against the two orders both dated 21st September, 2017 of the CIT(Appeals)-2, Panaji pertaining to assessment years 2012-13 and 2013-14. The assessee has filed Cross-objections against the very same orders of the CIT(A).

& 2758/Bang/2017 CO Nos.34 & 35/Bang/2018 Page 2 of 4

Admittedly, the tax effect in these appeals by the revenue 2. is less than Rs.20 lakhs. In view of the CBDT Circular No.3/2018 dated 11.07.2018, the revenue cannot file appeals before the Tribunal where the tax effect is less than Rs.20 lakhs. Since the tax effect in the present appeals are less than Rs.20 lakhs, these appeals of the revenue are liable to be dismissed as not maintainable. Accordingly, the appeals of the revenue are dismissed.

In view of the dismissal of the Revenue’s appeals, the 3. Cross-objections are also dismissed as infructuous.

In the result, the revenue’s appeals and the Cross- 4. objections of the assessee are dismissed.

Pronounced in the open court on this 16th day of November, 2018.

Sd/- Sd/- ( INTURI RAMA RAO) ( N.V. VASUDEVAN) Accountant Member Vice President Bangalore, Dated, the 16th November, 2018.

/ vms / & 2758/Bang/2017 CO Nos.34 & 35/Bang/2018 Page 3 of 4

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