THE ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE-5(1)(1), BANGALORE vs. M/S NANDI ENGINEERING LTD, BANGALORE

PDF · subscribers
ITA 1290/BANG/2018Status: DisposedITAT Bangalore15 May 2019AY 2014-152 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. The CBDT circular regarding monetary limits applies retrospectively to pending appeals.

What were the facts?

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

What were the issues?

Whether the appeal filed by the Revenue is maintainable given the tax effect is below the prescribed monetary limit for appeals before the ITAT.

Which sections of the Income-tax Act were involved?

CBDT Circular No.03/2018, CBDT Circular No.21/2015

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, BANGALORE BENCH ‘ B ’

Before: SHRI JASON P BOAZ & SHRI PAVAN KUMAR GADALE

For Appellant: Shri Devarathna Kumar, CIT

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)-5, Bangalore dt.30.01.2018 for Assessment Year 2014-15.

2.

The learned Departmental Representative for Revenue submits that in this appeal, the tax effect pertaining to the amount disputed by .1290/Bang/2018 the Revenue is less than the monetary limit of Rs.20 lakhs fixed by the CBDT in Circular No.03/2018, dt.11.07.2018, which is in supersession of its Circular No.21/2015 dt.10.12.2015, 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, the above appeal of the Revenue for Assessment Year 2014-15 is dismissed. Registry is directed to inform the parties accordingly. Order pronounced in the open court on 15th May, 2018.

Recent GST High Court judgments

Search GST case law →