INCOME TAX OFFICER, WARD-2, VIJAYAPURA vs. SHRI SHIVAJI MAHARAJ CREDIT CO-OP SOCIETY LTD, VIJAYAPURA

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ITA 745/BANG/2018Status: DisposedITAT Bangalore28 September 2018AY 2012-133 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 tax effect being below the monetary limit specified by the CBDT. The CBDT circular applies retrospectively to pending appeals.

What were the facts?

The Revenue filed appeals before the ITAT against the orders of the CIT(A) for assessment years 2011-12 to 2013-14. The tax effect in these appeals was below the monetary limit prescribed by the CBDT for filing appeals.

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 for filing appeals.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, BANGALORE BENCH ‘ A ’

Before: SHRI JASON P BOAZ & SHRI LALIET KUMAR

For Appellant: Shri Siddappaji, R N Addl. CIT (D.R)

Per Shri Jason P Boaz, A.M. : The above listed appeals at the instance of the Revenue are directed against the respective impugned orders passed by the respective learned Commissioner of Income Tax (Appeals), Belgavi dt.5.12.2017 for Assessment Year 2011-12 to 2013-14. disputed by 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 appeals of the Revenue for Assessment Years 2011-12 to 2013-14 are dismissed. Registry is directed to inform the parties accordingly.

Order pronounced in the open court on the 28th day of Sept.,2018.

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