DCIT, BANGALORE vs. M/S SIGMA ALDRICH CHEMICALS PVT. LTD., BANGALORE

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ITA 338/BANG/2015Status: DisposedITAT Bangalore25 February 2020AY 2010-113 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's appeal was not maintainable due to the tax effect being below the monetary limit. Consequently, the assessee's cross-objection was rendered infructuous.

What were the facts?

The Revenue filed an appeal before the ITAT. The assessee also filed a cross-objection. The Revenue later submitted that the tax effect in its appeal was below the monetary limit prescribed by CBDT circulars for filing appeals.

What were the issues?

Whether the Revenue's appeal is maintainable before the ITAT given the tax effect is below the prescribed monetary limit for appeals.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘A’ BENCH : BANGALORE

Before: SHRI. CHANDRA POOJARI & SMT. BEENA PILLAI

For Appellant: Ms. Neera Malhotra, CIT – DR, Shri. Tata Krishna, Advocate

PER BEENA PILLAI, JUDICIAL MEMBER Present cross appeals have been filed by assessee as well as revenue against order dated 13/01/16 passed by Ld. DCIT, Circle – 6(1) (1), Bangalore for assessment year 2010 – 11.

2.

The Ld. CIT DR vide her letter filed today in court submits that in revenue appeal, tax effect pertaining to the amount disputed by the Revenue is less than monetary limit of Rs.50 lakhs (i.e. Rs. 45,51,180/-) fixed by 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 appeals before the Income Tax Appellate Tribunal. She placed reliance on letter for showing appeal is below monetary limit. Taking into consideration the above, and also the fact that CBDT Circular under reference applies retrospectively even to pending appeals, we hold that the above listed appeals filed by the Revenue are not maintainable and liable to be dismissed in limine.

3.

Cross Objection filed against the same order it becomes as infructuous.

4.

As above appeal of Revenue is dismissed as withdrawn, Cross Objection by assessee stands dismissed as infructuous. Accordingly, both revenue as well as assessee’s appeal stands dismissed.

1.

Page 3 of 3 IT(TP)A 338/Bang/2015 & CO 117/Bang/2015 A. Y: 2010 – 11 In the result appeal by revenue as well as assessee stands dismissed.

Order pronounced in the open court on 25th February, 2020.

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