DCIT, BANGALORE vs. M/S J & P COATS LTD., BANGALORE

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ITA 1411/BANG/2015Status: DisposedITAT Bangalore23 September 2019AY 2011-123 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 appeals filed by the Revenue were not maintainable due to the low tax effect, as per the CBDT circulars. The circulars were also applicable retrospectively to pending appeals.

What were the facts?

The Revenue filed appeals against the assessment orders for AY 2010-11 and 2011-12. The tax effect in dispute was below the monetary limit prescribed by CBDT circulars for filing appeals.

What were the issues?

Maintainability of appeals before the ITAT based on the monetary limit prescribed by CBDT circulars for tax effect.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 144C

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, BANGALORE BENCH ‘ B ’

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

O R D E R

Per N. V. Vasudevan, Vice President:

1.

IT(TP)A No.360/Bang/2015 is an appeal by the Revenue against the final order of the assessment dated 14.01.2015 of the 2 IT(TP)A. Nos. 360 and 1411/Bang/2015 Dy. Commissioner of Income Tax (International Taxation), Bengaluru, passed under section 143(3) r.w.s. 144C of the Income Tax Act, 1961 (Act), in relation to Assessment Year 2010-11. 2. IT(TP)A No.1411/Bang/2015 is also an appeal by the Revenue against the final order of assessment dated 16.10.2015 of the Dy. Commissioner of Income Tax (International Taxation), Bengaluru, passed under section 143(3) r.w.s. 144C of the Act, in relation to Assessment Year 2011-12.

3.

It is not in dispute before us that the tax effect pertaining to the amount disputed by the Revenue in these appeals 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, 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 appeals filed by the Revenue are not maintainable and are liable to be dismissed in limine.

4.

In the result, the above appeals of the Revenue for Assessment Years 2010-11 and 2011-12 are dismissed.

3 IT(TP)A. Nos. 360 and 1411/Bang/2015 Order pronounced in the open court on 23rd September, 2019.

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