ASST.C.I.T., BANGALORE vs. M/S ARCTERN CONSULTING PRIVATE LIMITED, BANGALORE

PDF · subscribers
ITA 174/BANG/2016Status: DisposedITAT Bangalore29 May 2020AY 2011-122 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 CBDT circular regarding the monetary limit for appeals applies retrospectively. Therefore, the appeal filed by the Revenue was not maintainable.

What were the facts?

The Revenue filed an appeal before the ITAT against an assessment order. The Departmental Representative submitted that the tax effect in dispute was below the monetary limit prescribed by the CBDT 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 prescribed by CBDT circulars.

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 ‘ A ’

Before: SHRI A. K. GARODIA & SHRI PAVAN KUMAR GADALE

For Appellant: Shri T. Suryanarayana, Advocate
For Respondent: Smt. Neera Malhotra, CIT DR
Hearing: 12.03.2020

O R D E R Per A. K. Garodia, A.M. : This appeal at the instance of the Revenue is directed against the assessment order passed by the AO on 17.12.2015 u/s 144C (13) as per the directions of DRP for Assessment Year 2011 – 12.

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 2 IT (TP) A No. 174/Bang/2016 Circular No.03/2018 dt.11.07.2018 and Amendment dated 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.

Recent GST High Court judgments

Search GST case law →