Date Of Order: 26.03.2018 Ita 6007/2010 C/W Ita 6008/2010 Assistant Commissioner Ot Income Tax v. Shri Manoji J. Torgal

IN THR HIGH COURT OF KARNATAKA KALABURAGI! BENC DATEBD THIS THE 2 DAY OF MARCH 2O18 PRESENT THR HON’BLE Dr. JUSTICE VINBET KOTHARI ANT THR HON’BLE MR. JUSTICEK R. DBEVD INCOME TAX APPEAL No.6007/2010C/WINCOME TAX APPEAL No.6008/2010 ITA No.6007/2010: Between: Assistant Commissionerof Income Tax, Circle-I,Byapur. ... Appella (By Sri Ameet Kumar Deshpande, Advocate) And:ohri Manoji J. Torgalshikarkhana Road,Byapur. ... Responde (By Sri Ashok A. Kulkarni, Advocate andSri G.B. Yadav, Advocate) Date of order: 26.03.2018 ITA 6007/2010C/W ITA 6008/2010Assistant Commissioner ot Income Tax Vsshri Manoji J. Torgal 2 This Income Tax Appeal is filed under Section 260A ofthe Income Tax Act, praying to allow this appeal and setaside the final order dated 22.07.2010 passed by the IncomeTax Appellate Tribunal, Bangalore Bench “A” in ITANo.194(BNG)/2010, wherein the order dated 27.11.2009passed in ITA No.41/BJP/2008-09 by the Commissioner ofIncome Tax (Appeals), Belgaum, is confirmed and passappropriate orders. ITA No.6008/2010: Between: Assistant Commissionerof Income Tax, Circle-I,Byapur. ... Appella (By Sri Ameet Kumar Deshpande, Advocate) And:ohri Manoji J. Torgalshikarkhana Road,Byapur. ... Responde (By Sri Ashok A. Kulkarni, Advocate andsri G.B. Yadav, Advocate) This Income Tax Appeal is filed under Section 260A ofthe Income Tax Act, praying to allow this appeal and setaside the final order dated 22.07.2010 passed by the IncomeTax Appellate Tribunal, Bangalore Bench “A” in ITANo.155(BNG)/2010, wherein the order dated 27.11.2009passed in ITA No.42/BJP/2008-09 by the Commissioner ofIncome Tax (Appeals), Belgaum, is conlirmed and passappropriate orders. Date of order: 26.03.2018 ITA 6007/2010C/W ITA 6008/2010Assistant Commissioner ot Income Tax Vsshri Manoji J. Torgal < These appeals coming on for final hearing this day,VINEET KOTHARI J.,delivered the following: JU DBiGMENT Mr. Ameet Kumar Deshpande, Advocate for Appellant-RevenueMr. Ashok A. Kulkarni, Advocate for Respondent-Assessee 1)Both these appeals are filed by the Revenueagainst the Assessee for Assessment Year 2001-2002.The Income Tax Appellate Tribunal had decided boththe Income Tax Appeals filed by the Revenue inITANo.154(BNG)/2010andITANo.155(BNG)/2010dismissing both the said appeals of Revenue vide orderdated22.07.2010 2.The two issues arising in these appeals wereabout the deletion of the additions made by the IncomeTax Officer under Section 43B of the Act in the hands ofthe Assessee and consequential imposition of penaltyunder Section 271 (1) (c) of the Act at the rate of 100%ot the tax amount. D 3.The learned counsel for the respondent-Assessee has raised a preliminary objection about themaintainability of these appeals and has furnishedbefore us a tax computation showing that the “taxeffect’ involved in both these appeals filed by theRevenue is less than.Rs.20,00,000/-and therefore,these appeals filed by the Revenue are not maintainablein view otfCircular No.21/2015issued by CentralBoard Direct Taxes, Department of Revenue, Ministry ofFinance, Government of India, dated10.12.2015-according to which the appeals under Section 260A ofthe Act before High Courts cannot be filed by theDepartment, if the tax effect is below|Rs.20,00,000/- 4Learnedcounselfor.theRespondent-Assessee submitted that the tax effect in the presentCaS€CCOTESTORs.19,65,015/-.andthereforeconsequential penalty amount would also be of thesame amount involved in connected appeal. Date of order: 26.03.2018 ITA 6007/2010C/W ITA 6008/2010Assistant Commissioner ot Income Tax Vsshri Manoji J. Torgal C 5.Learned counsel for the appellant-Revenue Mr.Ameet Kumar Deshpande is not able to controvertthisstatement.ot the|learnedcounsel for!6 respondent-Assessee. 6.In view of the aforesaid CBDT Circular, thepresent appeals filed by the Revenue are held to be notmaintainable and the same are accordingly dismissedas not maintainable. No costs. Sd/- Sd/- JUDGE JUDGE %";