ITO, BANGALORE vs. M/S I PASS INDIA PVT. LTD., BANGALORE

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ITA 619/BANG/2016Status: DisposedITAT Bangalore27 November 2018AY 2011-122 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, as per the CBDT circular. The circular was also applicable retrospectively to pending appeals.

What were the facts?

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

What were the issues?

Maintainability of the appeal before the ITAT based on the monetary limit prescribed by CBDT circulars.

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 ‘ A ’

Before: SHRI N.V. VASUDEVAN & SHRI JASON P BOAZ

For Appellant: Shri C.H. Sundar Rao, CIT (D.R)

Per Shri Jason P Boaz, A.M. : This appeal at the instance of the Revenue is directed against the final order of assessment passed by the ITO, Ward 3(1)(4), Bangalore u/s.143(3) r.w.s. 144C of the Income Tax Act, 1961 (in short 'the Act') dt.29.01.2016 for Assessment Year 2011-12. 2. The learned Departmental Representative for Revenue submits that in this appeal, the tax effect pertaining to the amount disputed by the Revenue is less than the monetary limit of Rs.20 lakhs fixed by the 2 IT(T.P)A No.619/Bang/2016 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 2005-06 is dismissed. Registry is directed to inform the parties accordingly. Order pronounced in the open court on 27th Nov., 2018.

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