DCIT CR 7 (1)(2), BANGALORE vs. VWR LAB PRODUCTS PVT. LTD., BANGALORE

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ITA 225/BANG/2015Status: DisposedITAT Bangalore10 October 2018AY 2010-20112 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 noted that as per CBDT Circular No. 3/2018, appeals with a tax effect below Rs. 20 lakhs should not be filed. Therefore, the appeal was dismissed.

What were the facts?

The appeal was filed by the Revenue against an assessment order for the assessment year 2005-06. The tax effect in the appeal was less than Rs. 20 lakhs.

What were the issues?

Whether the appeal filed by the Revenue is maintainable given the tax effect is below the threshold stipulated by CBDT circular.

Which sections of the Income-tax Act were involved?

Section 268A

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘A’ BENCH, BENGALURU

Before: SHRI SUNIL KUMAR YADAV & SHRI INTURI RAMA RAO

For Appellant: Shri C.H.Sundar Rao, CIT
For Respondent: Shri Manju Prasad, Advocate
Hearing: 10/10/2018Pronounced: 10/10/2018

IN THE INCOME TAX APPELLATE TRIBUNAL ‘A’ BENCH, BENGALURU BEFORE SHRI SUNIL KUMAR YADAV, JUDICIAL MEMBER and SHRI INTURI RAMA RAO, ACCOUNTANT MEMBER IT(TP)A No.225/Bang/2015 (Assessment year: 2010-11) Deputy Commissioner of Income-tax, Circle 7(1)(2), Bengaluru. … Appellant Vs. M/s.VWR Lab Products Pvt. Ltd. 2nd Floor, Front Wing, Brigade Towers, No.135/12, Brigade Road, Bengaluru-560 025. … Respondent PAN:AACCV 3080 E Appellant by : Shri C.H.Sundar Rao, CIT. Respondent by : Shri Manju Prasad, Advocate. Date of hearing : 10/10/2018 Date of pronouncement : 10/10/2018 O R D E R Per INTURI RAMA RAO, AM :

The instant appeal is directed against the assessment order dated 27/01/2015 passed u/s 143(3) r.w.s. 144C(13) of the Income-tax Act, 1961 [hereinafter referred to as 'the Act' for short] for the assessment year 2005-06

2.

It is stated before us that the tax effect in this case is less than Rs. 20 lakhs and therefore the Circular No. 3/2018 dated 11/07/2018 issued by the Central Board of Direct Taxes (CBDT) in exercise of its power vested under Sec. 268A(1) of the Act comes into play wherein, the monetary limit for filing the appeals by the Revenue before the ITAT and various High Courts as well as Apex Court are revised with an object of reducing the tax litigation. Vide para 3 of the said circular (supra) it is stated that in cases where the tax effect in the appeals to be filed before the Appellate Tribunal

IT(TP)A No.225/Bang/2015 Page 2 of 2 does not exceed Rs. 20 lakhs, appeals should not be filed. Thus taking note of CBDT Circular No. 03/2018, dated 11/07/2018 and considering the fact that the tax effect in the instant appeal is less than Rs. 20 lakhs, the present appeal deserves to be dismissed as not pressed/not maintainable. However, we make it clear that the issues raised in the instant appeal are left open to be examined in the appropriate proceedings, if arise, in future. At the same time we also make it clear that if the appeal fall in any of the exceptions referred to in the above said CBDT Circular, the Revenue is at liberty to move an application for recalling the order if so advised.

2. Accordingly, in the light of CBDT circular No.03/2018 dated 11/07/2018 the appeal stands dismissed.

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