ACIT, BANGALORE vs. M/S. THE ESTATE, BANGALORE

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ITA 343/BANG/2008Status: DisposedITAT Bangalore22 April 2021AY 1997-982 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 is precluded from pursuing the appeal due to the low tax effect, as per CBDT instructions. Therefore, the appeal filed by the revenue was dismissed.

What were the facts?

The revenue filed an appeal which was initially allowed by the ITAT. The High Court set aside the ITAT's order and restored the issues to the ITAT for fresh adjudication. At the fresh hearing, the tax effect was found to be below the monetary limit prescribed by CBDT circulars for pursuing appeals.

What were the issues?

The primary issue was whether the revenue's appeal should be dismissed on the grounds of low tax effect, as per CBDT circulars, despite the High Court's order to restore the matter for fresh adjudication.

AI-generated summary — verify with the full judgment below

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

Before: SHRI GEORGE GEORGE K. & SHRI B.R. BASKARAN

For Appellant: Shri Vikas Suryavanshi, D.R
For Respondent: Shri Annamalai S., A.R
Hearing: 22.04.2021Pronounced: 22.04.2021

PER B.R. BASKARAN, ACCOUNTANT MEMBER:

1.

The revenue has filed this appeal challenging the order dated 16.01.2008 passed by Ld. CIT(A)-1, Bengaluru.

2.

This appeal was originally disposed of by this Tribunal on 21.08.2009, wherein appeal filed by the revenue was allowed. Hence, the assessee challenged the order passed by the Tribunal by filing appeal before Hon’ble High Court of Karnataka. The Hon’ble High Court, vide its order dated 10.01.2020 passed in of 2010 set aside the order passed by the Tribunal and restored all the issues to the file of the Tribunal for adjudicating them afresh. Accordingly, this appeal came to be placed before the Bench.

M/s. The Estate Sherieff Centre, Bangalore Page 2 of 2 3. At the time of hearing, the Ld. A.R. submitted that the tax effect involved in this appeal is less than Rs.50 lakhs being the monetary limit prescribed by CBDT in its Circular No.17/2019 dated 08.08.2019 for pursuing the appeal filed by the revenue.

4.

The Ld. D.R. fairly admitted that the tax effect involved in this appeal is less than Rs.50 lakhs.

5.

In view of the above, the revenue is precluded from pursuing this appeal as per the CBDT instructions referred above. Accordingly, we dismiss the appeal of the revenue being below monetary limit.

6.

In the result, the appeal filed by the revenue is dismissed. Order pronounced in the open court on 22nd Apr, 2021

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