Joint Commissioner of Income Tax LTU (OSD) Circle-1 , Bangalore V. M/s Mysore Sales International Limited , Bangalore

ITA 1190/BANG/2018

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 7885 (ITAT-BANGALORE)
• Duration Of Justice: 2 year(s) 4 month(s) 19 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-08-2020
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 26-08-2020
• Assessment Year: 2014-2015
• Appeal Filed On: 09-04-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: S SUNDAR RAJAN CIT BENGALURU
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL BANGALORE BENCH A BEFORE SHRI N. V. VASUDEVAN, VICE PRESIDENT AND SHRI A. K. GARODIA, ACCOUNTANT MEMBER I.T.A. NO.1190/BANG/2018 (ASSESSMENT YEAR : 2014-15) THE JOINT COMMISSIONER OF INCOME TAX LTU (OSD), CIRCLE 1, BENGALURU. . APPELLANT. VS. M/S. MYSORE SALES INTERNATIONAL LTD., MSIL HOUSE, 36, CUNNINGHAM ROAD, BENGALURU - 560 052. PAN : AADCM 6234 C .. RESPONDENT. APPELLANT BY : SHRI. S. SUNDAR RAJAN, ADDL. CIT (DR)(ITAT), BENGALURU . RESPONDENT BY : SMT. SUMAN LUNKAR , CA DATE OF HEARING : 26.08.2020. DATE OF PRONOUNCEMENT : 28 .08.2020. O R D E R PER A. K. GARODIA, A.M. : THIS APPEAL AT THE INSTANCE OF THE REVENUE IS DIRECTED AGAINST THE ORDER PASSED BY THE COMMISSIONER OF INCOME TAX (APPEALS), BENGALURU- 10, BENGALURU, DT. 24.01.2018 FOR ASSESSMENT YEAR 2014-15. 2. THE LEARNED DEPARTMENTAL REPRESENTATIVE FOR REVENUE SUBMITTED THAT IN THIS APPEAL, THE TAX EFFECT PERTAINING TO THE AMOUNT DISPUTED BY THE REVENUE IS LESS THAN THE MONETARY LIMIT OF RS.50 LAKHS FIXED BY THE 2 ITA NO. 1190/BANG/2018 CBDT IN CIRCULAR NO.17/2019, DT.08.08.2019, WHICH IS IN SUPERSESSION OF ITS CIRCULAR NO.03/2018 DT.11.07.2018 AND AMENDMENT DATED 20.08.2018, 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, REVENUES APPEAL IS DISMISSED. PRONOUNCED IN THE OPEN COURT ON THE DATE MENTIONED ON THE CAPTION PAGE. SD/- (N. V. VASUDEVAN) VICE PRESIDENT SD/- (A. K. GARODIA) A CC OUNT ANT MEMBER BANGALORE, DT. 28.08.2020. *NS COPY TO : 1 APPELLAN T 4 CI T(A) 2 RESPONDENT 5 DR. ITAT, BANGALORE 3 CIT 6 GUARD FILE ASST. REGISTRAR INCOME TAX APPELLATE TRIBUNAL BANGALORE.