DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-6(1)(2), BANGALORE vs. M/S SYSCON INSTRUMENTS PVT LTD, BANGALORE

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ITA 482/BANG/2019Status: DisposedITAT Bangalore19 December 2019AY 2012-132 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 CBDT circular. The circular was applicable 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 2012-13. The tax effect in dispute was below the monetary limit prescribed by the CBDT for filing appeals.

What were the issues?

The primary issue was whether the Revenue's appeal was maintainable before the ITAT given the tax effect and the applicability of CBDT circulars regarding monetary limits for filing appeals.

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. S. V. Ravishankar, Advocate
For Respondent: Shri. Manjeet Singh, Addl. CIT (DR)(ITAT), Bengaluru, Shri. S. V. Ravishankar, Advocate
Hearing: 19.12.2019Pronounced: 19.12.2019

Assessment year : 2012-13 Dy. Commissioner of M/s. Syscon Instruments Pvt. Income Tax, Circle 6(1) (2), Ltd., Room No. 238, 2nd Floor, Vs. Plot No. 66, Keonics, Hosur Raod, BMTC Building, 80 Feet Electronic City, Road, Koramangala, Bangalore – 560 100. PAN : AAECS8483N Bangalore – 560 095. APPELLANT RESPONDENT Revenue by : Shri. Manjeet Singh, Addl. CIT (DR)(ITAT), Bengaluru Assessee by : Shri. S. V. Ravishankar, Advocate Date of Hearing : 19.12.2019 Date of Pronouncement : 19.12.2019 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 17.12.2018 for Assessment Year 2012-13.

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 2012-13 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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