ASSISTANT COMMISSIONER OF INCOME TAX (TDS) CIRCLE-2(1), BENGALURU vs. M/S INDIAN INSTITUTE OF MANAGEMENT, BENGALURU

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ITA 2577/BANG/2017Status: DisposedITAT Bangalore28 August 2019AY 2010-112 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. Therefore, the appeal was liable to be dismissed.

What were the facts?

The Revenue filed an appeal against an order of the CIT(A) for AY 2010-11. 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 appeal filed by the Revenue was maintainable given the tax effect and the CBDT's monetary limits for appeals.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, BANGALORE BENCH ‘ C ’

Before: SHRI JASON P BOAZ & SHRI PAVAN KUMAR GADALE

For Appellant: Smt. P. Renuga Devi, Addl.CIT(DR)(ITAT), Bengaluru
For Respondent: Shri. Nitin Surana, CA
Hearing: 28.08.2019

O R D E R Per Jason P Boaz, A.M. : This appeal at the instance of the Revenue is directed against the order passed by the Commissioner of Income Tax (Appeals),13, Bengaluru, dt.18.09.2017 for Assessment Year 2010-11.

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 . 363/Bang/2015 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 2010-11 is dismissed. Registry is directed to inform the parties accordingly.

Order pronounced in the open court on 28th August, 2019.

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