DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-2(1)(1), BANGALORE vs. M/S CHARTED HOUSING PVT LTD, BANGALORE

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ITA 1922/BANG/2017Status: DisposedITAT Bangalore16 September 2021AY 2013-142 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 appeal filed by the Revenue was not maintainable due to the low tax effect, as per the CBDT circulars which apply retrospectively. Therefore, the appeal was liable to be dismissed.

What were the facts?

The Revenue filed an appeal against the order of the CIT(A) for Assessment Year 2013-14. The tax effect of the disputed amount was below the monetary limit prescribed by CBDT circulars for filing appeals.

What were the issues?

The primary issue was the maintainability of the Revenue's appeal before the ITAT based on the monetary limit for tax effect stipulated by CBDT circulars.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “B” BENCH : BANGALORE

Before: SHRI N. V. VASUDEVAN & SHRI CHANDRA POOJARI

For Appellant: Shri. Shyambhog, CA
For Respondent: Shri. Priyadarshi Mishra, Addl. CIT(DR)(ITAT), Bangalore, Shri. Shyambhog, CA
Hearing: 16.09.2021Pronounced: 16.09.2021

Per N. V. Vasudevan, Vice President

1.

This is an appeal by the Revenue directed against the order passed by the Commissioner of Income Tax (Appeals), Bengaluru - 2, Bengaluru , dt.11.07.2017 relating to Assessment Year 2013-14.

2.

The learned Departmental Representative for Revenue submitted that in this appeal, the tax effect pertaining to the amount disputed by the Revenue is less than the monetary limit of Rs.50 lakhs fixed by the CBDT in Circular No.17/2019, dt.08.08.2019, which is in supersession of its Circular No.03/2018 dt.11.07.2018 and Amendment dated 20.08.2018, in relation to filing of appeal before the Income Tax Appellate Tribunal. Taking into consideration the above, and also the fact that the CBDT Circular under reference applies retrospectively even to pending appeals, we hold that the above listed appeal filed by the Revenue is not maintainable and liable to be dismissed in limine.

3.

In the result, Revenue’s appeal for Assessment Year 2013-14 is dismissed. Pronounced in the open court on the date mentioned on the caption page.

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