ASST.C.I.T., RAICHUR vs. M/S SINDHANUR URBAN CO-OPERATIVE BANK LTD., BELLARY

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ITA 1048/BANG/2016Status: DisposedITAT Bangalore27 September 2019AY 2008-092 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 circulars. The circulars were applicable retrospectively to pending appeals.

What were the facts?

The Revenue filed an appeal before the ITAT against an order of the CIT(Appeals). The tax effect in dispute was below the monetary limit prescribed by CBDT circulars for filing appeals.

What were the issues?

The primary issue was the maintainability of the Revenue's appeal before the ITAT based on the monetary limit for tax effect stipulated by CBDT circulars.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “B” BENCH : BANGALORE

Before: SHRI N.V. VASUDEVAN & SHRI B.R. BASKARAN

For Appellant: Shri S. Chakrapani, Addl.CIT(DR)(ITAT), Bengaluru
For Respondent: Shri Pranav Krishna, Advocate
Hearing: 26.09.2019Pronounced: 27.09.2019

Date of hearing : 26.09.2019 Date of Pronouncement : 27.09.2019 O R D E R

Per N V Vasudevan, Vice President

1.

This appeal by the revenue is against the order dated 10.03.2016 of the CIT(Appeals), Gulbarga relating to assessment year 2008-09.

2.

It is not in dispute before us that the tax effect pertaining to the amount disputed by the Revenue in this appeal is less than the monetary limit of Rs.50 lakhs fixed by the CBDT in Circular No.17/2019, dated 08.08.2019, which is in supersession of its Circular No. 03/2018, dated 11.07.2018, 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 is liable to be dismissed in limine. Accordingly, the appeal is dismissed.

3.

In the result, the appeal by the revenue is dismissed.

Pronounced in the open court on this 27th day of September, 2019.

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