INCOME TAX OFFICER (EXEMPTIONS), WARD-1, BENGALURU vs. M/S. CANARA EDUCATION TRUST, BENGALURU

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ITA 645/BANG/2021Status: DisposedITAT Bangalore31 March 2022AY 2014-152 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 as the tax effect was below the monetary limit prescribed by the CBDT circular for filing appeals, the revenue's appeal was liable to be dismissed. The revenue was given liberty to seek recall if exceptions applied.

What were the facts?

The revenue filed an appeal against an order of the CIT(A) for the assessment year 2014-15. The assessee's representative stated that the tax effect was below Rs. 50 lakhs.

What were the issues?

Whether the revenue's appeal should be dismissed based on the CBDT's monetary limit for filing appeals, considering the tax effect involved.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “B’’ BENCH: BANGALORE

Before: SHRI CHANDRA POOJARI & SMT. BEENA PILLAI

For Appellant: Shri Priyadarshi Mishra, D.R
For Respondent: Smt. Suman Lunkar, A.R
Hearing: 31.03.2022Pronounced: 31.03.2022

PER CHANDRA POOJARI, ACCOUNTANT MEMBER:

1.

The revenue has filed this appeal challenging the order dated 25.08.2021 passed by Ld. CIT(A), National Faceless Appeal Centre, New Delhi and it relates to assessment year 2014-15.

2.

At the time of hearing, the Ld. A.R. submitted that the tax effect involved in the quantum disputed by the revenue is less than Rs.50 lakhs and hence in view of the circular no.17/2019 dated 8.8.2019, the revenue is precluded from pursuing this appeal.

M/s. Canara Education Trust, Bangalore Page 2 of 2 3. We heard Ld. D.R. who did not dispute the factual aspects presented by Ld. A.R. Since the tax effect on the quantum in dispute is less than the monetary limit of Rs.50 lakhs prescribed by the CBDT in the circular referred above for preferring appeal before Tribunal by the revenue, the present appeal is liable to be dismissed. However, the revenue is given liberty to move appropriate application in accordance with law for recall of this order, if it is later found that the issue contested in the appeal is covered by any of the exceptions given in the circular.

4.

In the result, the appeal of the revenue is dismissed. Order pronounced in the open court on 31st Mar, 2022

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