INCOME TAX OFFICER, (EXEMPTIONS), WARD-1, HUBLI vs. M/S. SRI GURUMAHIPATIRAJ EYE BANK AND RESEARCH FOUNDATION TRUST, HUBBALLI

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ITA 661/BANG/2020Status: DisposedITAT Bangalore08 April 2021AY 2015-162 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. The CBDT circular regarding monetary limits applies retrospectively to pending appeals.

What were the facts?

The Revenue filed an appeal before the ITAT against an order of the CIT(A). The tax effect in dispute was below the monetary limit prescribed by the CBDT for filing appeals.

What were the issues?

Whether the Revenue's appeal is maintainable before the ITAT given the tax effect and the applicability of CBDT circulars on monetary limits for appeals.

Which sections of the Income-tax Act were involved?

Not Applicable

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, BANGALORE BENCH ‘ SMC-A ’

Before: SHRI CHANDRA POOJARI

For Appellant: Shri. Ganesh R. Ghale, Standing Counsel

O R D E R Per Chandra Poojari, A.M. : This appeal at the instance of the Revenue is directed against the order passed by the Commissioner of Income Tax (Appeals),Hubballi dt.25.02.2020 for Assessment Year 2015-16. 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

1.

CBDT in Circular No.17/2019, dt.08.08.2019, which is issued in supersession of its Circular No.03/2018 dt.11.07.2018 and Amendment dt.20.08.2018, in relation to filing of appeals 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 2006-07 is dismissed. Registry is directed to inform the parties accordingly.

Pronounced in the open court on the date mentioned on the caption page.

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