ITO, DAVANGERE vs. SRI. R.S. SHEKARAPPA, DAVANGERE

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ITA 1157/BANG/2015Status: DisposedITAT Bangalore21 August 2019AY 2009-102 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 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 AY 2009-10. 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 the maintainability of the appeal based on the tax effect and the applicability of CBDT circulars regarding monetary limits for appeals.

Which sections of the Income-tax Act were involved?

Not Applicable

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, BANGALORE BENCH ‘ C ’

Before: SHRI N. V. VASUDEVAN & SHRI JASON P BOAZ

For Appellant: Dr. P. V. Pradeep Kumar, Addl.CIT(DR)(ITAT), Bengaluru
For Respondent: Shri. V. Srinivasan, Advocate
Hearing: 08.08.2019

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), Davangere dt.05.06.2015 for Assessment Year 2009-10.

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 . 1157/Bang/2015 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 2009-10 is dismissed. Registry is directed to inform the parties accordingly.

Order pronounced in the open court on 21st August, 2019.

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