ACIT, BANGALORE vs. SHRI. V. SANDESH, BANGALORE

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ITA 127/BANG/2016Status: DisposedITAT Bangalore02 January 20204 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 both appeals filed by the Revenue in limine. Liberty was granted to the Revenue to seek recall if the tax effect exceeded 50 lakhs or if the issues fell under exceptions prescribed by the CBDT.

What were the facts?

The Revenue filed appeals against the orders of the CIT(A) for the assessment year 2007-08. The assessees' counsel submitted that the tax effect in these appeals did not exceed 50 lakhs, making them non-maintainable as per CBDT Circular No. 17/2019.

What were the issues?

The primary issue was the maintainability of the Revenue's appeals based on the tax effect threshold stipulated by CBDT circulars.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “A” BENCH : BANGALORE

Before: SHRI B.R BASKARAN & SMT. BEENA PILLAI

Hearing: 1.1.2020Pronounced: 2.1.2020

O R D E R PER B.R BASKARAN, ACCOUNTANT MEMBER : Both the appeals filed by the Revenue are directed against the orders passed by the ld CIT(A) in the respective hands of the assessees and they relate to the asst. years mentioned in the caption against each of the parties.

2.

At the outset, the ld counsel appearing for the assessees submitted that the tax effect involved in the issues contested by the Revenue does not exceed 50 lakhs in each of these appeals. Accordingly it was submitted that the Revenue is precluded from pursuing these appeals as per Circular No.17/2019 dated 8/8/2019 issued by Central Board of Direct Taxes, which has been clarified by CBDT as applicable to all pending appeals, vide its Instruction dated 20/8/2019. Accordingly, the Ld A.Rs submitted that both these appeals are required to be dismissed in limine.

3.

The ld DR did not object to the submissions made by the counsels for the assessees.

4.

Accordingly we dismiss both the appeals 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 appeals 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 or subsequently.

5.

In the result, both the appeals of the Revenue are dismissed.

Order pronounced in the open court on 2nd January, 2020.

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