M/s T V Aleyas Engineers Private Limited, Bangalore V. The Deputy Commissioner of Income Tax Central Circle-2 , Mangalore

CO 61/BANG/2019

• Counselvise Citation: [2022] 104 COUNSELVISE.COM (IT) 5156 (ITAT-BANGALORE)
• Duration Of Justice: 2 year(s) 1 month(s) 22 day(s)
• Appeal Type: Cross Objection
• Pronouncement Date: 20-02-2022
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2011-2012
• Appeal Filed On: 30-12-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: VANDANA SAGAR
• Keywords: Tax effect
• Section: 268A

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL BANGALORE BENCHES “C” , BANGALORE Before Shri George George K, JM & Ms.Padmavathy S, JM ITA No.1361/Bang/2017 : Asst.Year 2011-2012 The Deputy Commissioner of Income-tax , Central Circle 2 Mangalore. V. M/s.T V Aleyas Engineers Private Limited, No.8 Nehru Maidan Road St.Thomas Town Post Bangalore – 560 084. PAN : AACCT3104H. (Appellant) (Respondent) CO No.61/Bang/2019 : Asst.Year 2011-2012 M/s.T V Aleyas Engineers Private Limited, No.8 Nehru Maidan Road,St.Thomas Town Post Bangalore – 560 084. V. The Deputy Commissioner of Income-tax , Central Circle 2 Mangalore. (Cross Objector) (Respondent) Revenue by : Smt.Vandana Sagar, CIT-DR Assessee by : Sri. B.R.Sudheendra, Advocate Date of Hearing : 17.02.2022 Date of Pronouncement : 21.02.2022 O R D E R Per George George K, JM This appeal at the instance of the Revenue and cross objection preferred by the assessee are directed against CIT(A)’s order dated 29.03.2017. The relevant assessment year is 2011-2012. 2. At the very outset, it is observed that the tax effect in the appeal filed by the Revenue is less than Rs.50 lakh, and therefore, the Circular No. 17/2019 dated 8 th August, 2019, issued by the Central Board of Direct Taxes (CBDT) in exercise ITA No.1361/Bang/2017 & CO 61/B/2019 M/s.T V Aleyas Engineers Pvt. Ltd. 2 of its power vested under Sec. 268A of the I.T. Act comes into play, wherein, the monetary limit for filing the appeal(s) 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 2 of the said circular (supra), it is stated that in cases where the tax effect in the appeal to be filed before the Appellate Tribunal does not exceed Rs. 50 lakh, appeal should not be filed. Thus, taking a note of CBDT Circular No. 17/2019 dated 8 th August, 2019 and considering the fact that the tax effect in the instant appeal is less than Rs.50 lakh, the present appeal deserves to be dismissed, as not maintainable. However, we make it clear that the issue(s) raised in the instant appeal is left open to be examined in the appropriate proceedings, if arises, in future. At the same time, we also make it clear that if the appeal falls 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. 3. Accordingly, in the light of CBDT Circular No.17/2019 dated 08 th August, 2019, the appeal of the Revenue stands dismissed. 4. Since we have disposed of the appeal of the Revenue, the cross objection filed by the assessee becomes infructuous and the same is dismissed as such. ITA No.1361/Bang/2017 & CO 61/B/2019 M/s.T V Aleyas Engineers Pvt. Ltd. 3 5. In the result, the appeal filed by the Revenue and the cross objection filed by the assessee are dismissed. Order pronounced on this 21 st day of February, 2022. Sd/- (Padmavathy S) Sd/- (George George K) ACCOUNTANT MEMBER JUDICIAL MEMBER Bangalore; Dated : 21 st February, 2022. Devadas G* Copy to : 1. The Appellant. 2. The Respondent. 3. The CIT(A), Panaji. 4. The Pr.CIT (Central), Bangalore. 5. The DR, ITAT, Bengaluru. 6. Guard File. Asst.Registrar/ITAT, Bangalore