DCIT, BANGALORE vs. M/S EF INFORMATION SYSTEMS PVT. LTD., BANGALORE

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ITA 274/BANG/2016Status: DisposedITAT Bangalore10 January 2020AY 2011-123 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 dismissed the Revenue's appeal in limine based on the submission regarding the tax effect. Liberty was granted to the Revenue to seek recall if the tax effect exceeded 50 lakhs or if the issue fell under CBDT circular exceptions.

What were the facts?

The Revenue filed an appeal against an order of the DRP for assessment year 2011-12. The Revenue's counsel submitted that the tax effect involved in the appeal did not exceed 50 lakhs.

What were the issues?

Whether the Revenue's appeal should be dismissed due to low tax effect as per CBDT circulars.

AI-generated summary — verify with the full judgment below

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

Before: SHRI N.V VASUDEVAN, VICE PRESIDNET & SHRI B.R BASKARAN

For Appellant: Shri Muzaffar Hussain, CIT (DR)
For Respondent: Shri Kanchan Koushal, C.A
Hearing: 08.01.2020Pronounced: 10.01.2020

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.

2.

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.

3.

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.

4.

In the result, the appeal of the Revenue is dismissed.

Order pronounced in the open court on 10th January, 2020.

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