INCOME TAX OFFICER WARD-4(2)(1), BENGALURU vs. M/S ITI EMPLOYEES CO-OPERATIVE CREDIT SOCIETY LTD., BENGALURU

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ITA 2097/BANG/2018Status: DisposedITAT Bangalore27 November 2018AY 2013-142 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 as the tax effect was below the prescribed monetary limit. The CBDT circular was also applicable retrospectively to pending appeals.

What were the facts?

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

What were the issues?

Maintainability of the appeal due to low tax effect as per CBDT circular.

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: Smt. Srinandini Das, Addl. CIT (D.R)

Per Shri 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)-7, Bangalore dt.8.5.2018 for Assessment Year 2013-14. 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 CBDT in Circular No.03/2018, dt.11.07.2018, which is in supersession of 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 2013-14 is dismissed. Registry is directed to inform the parties accordingly. Order pronounced in the open court on 27th Nov., 2018.

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