Loading judgment…
No AI summary yet for this case.
Income Tax Appellate Tribunal, “B’’ BENCH : BANGALORE
Before: SHRI N.V VASUDEVAN, VICE PRESIDNET & SHRI B.R BASKARAN
O R D E R Per B.R Baskaran,Accountant Member
The appeal filed by the Revenue is directed against the order passed by the ld DRP-1, Bengaluru dated 4/11/2015 and it relate to the asst. year 2011-12.
At the outset, the ld counsel appearing for the Revenue submitted that the tax effect involved in the issue contested by the Revenue does not exceed 50 lakhs in this appeal. Accordingly it was submitted that the Revenue is precluded from pursuing this appeal as per Circular No.17/2019 dated 8/8/2019 issued by Central Board of Direct Taxes, which has been clarified by CBDT as IT(TP)A No.274/Bang/2016 applicable to all pending appeals, vide its Instruction dated 20/8/2019. Accordingly, the Ld A.Rs submitted that this appeal is required to be dismissed in limine.
Accordingly we dismiss the appeal of the Revenue in limine. However liberty is given to the Revenue to move application for recall of the order(s), if it is found that the tax effect involved on the issues disputed in the appeal is more than 50 lakhs or if it is found that the issues contested therein fall in the category of exceptions prescribed by the CBDT Circular.
In the result, the appeal of the Revenue is dismissed.
Order pronounced in the open court on 10th January, 2020.