INCOME TAX OFFICER WARD-4(2)(1), BANGALORE vs. M/S SAI TEJA ASSOCIATES, BANGALORE

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ITA 2151/BANG/2018Status: DisposedITAT Bangalore18 December 2019AY 2007-083 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 appeal filed by the Revenue was not maintainable due to the low tax effect, as per the prevailing CBDT circulars. The circulars were also noted to apply retrospectively to pending appeals.

What were the facts?

The Revenue filed an appeal before the ITAT against the order of the CIT(A) for Assessment Year 2007-08. The tax effect in dispute was below the monetary limit prescribed by the CBDT for filing appeals.

What were the issues?

Maintainability of the Revenue's appeal before the ITAT based on the monetary limit prescribed by CBDT circulars.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “B” BENCH : BANGALORE

Before: SHRI A. K. GARODIA & SMT. BEENA PILLAI

For Appellant: Shri. Pranav Krishna, Advocate
For Respondent: Shri. Manjeet Singh, Addl. CIT (DR)(ITAT), Bengaluru, Shri. Pranav Krishna, Advocate
Hearing: 17.12.2019Pronounced: 18.12.2019

O R D E R

Per Beena Pillai, Judicial Member

1.

This appeal is filed by the Revenue and the same is directed against the order of the CIT(A)-11, Bengaluru, dated 26.04.2018 for Assessment Year 2007-08.

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 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.

3.

In the result, Revenue’s appeal for Assessment Year 2007-08 is dismissed. Registry is directed to inform the parties accordingly.

Pronounced in the open court on the date mentioned on the caption page.

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