DEPUTY COMMIISSIONER OF INCOME TAX CIRCLE-4(1)(1), BANGALORE vs. M/S KRISHNA FABRICATIONS PVT LTD, BANGALORE

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ITA 2513/BANG/2017Status: DisposedITAT Bangalore06 May 2019AY 2013-142 pages
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 orders of the CIT(A) for Assessment Years 2013-14 and 2014-15. The tax effect in these appeals was below the monetary limit prescribed by CBDT circulars for filing appeals before the ITAT.

What were the issues?

The primary issue was the maintainability of the Revenue's appeals before the ITAT based on the monetary limit prescribed by CBDT circulars.

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: Shri Sachin Mehta, CA

O R D E R Per Bench : These appeals at the instance of the Revenue are directed against the separate orders passed by the Commissioner of Income Tax (Appeals)-4, Bangalore dt.31.08.2017 for Assessment Years 2013-14 and 2014-15.

2.

The learned Departmental Representative for Revenue submits that in these appeals, the tax effect pertaining to the amount disputed by .2513 and 2514/Bang/2017 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 appeals filed by the Revenue are not maintainable and liable to be dismissed in limine.

3.

In the result, the above appeals of the Revenue for Assessment Years 2013-14 and 2014-15 are dismissed. Registry is directed to inform the parties accordingly. Order pronounced in the open court on 6th May, 2018.

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