Assistant Commissioner Of Income Tax, Circle - 7(1)(2), Bangalore V. M/s. Velankani Information Systems Pvt. Ltd., Bangalore

ITA 127/BANG/2017

• Counselvise Citation: [2018] 121 COUNSELVISE.COM (IT) 8951 (ITAT-BANGALORE)
• Duration Of Justice: 1 year(s) 8 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 11-10-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2010-2011
• Appeal Filed On: 19-01-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: VIDHYADHEESH H PANDURANGA
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH, B ENGALURU BEFORE SHRI SUNIL KUMAR YADAV, JUDICIAL MEMBER AND SHRI INTURI RAMA RAO, ACCOUNTANT MEMBER I TA NO. 127 /BANG/2 01 7 (ASSESSMENT YEAR: 2010 - 11 ) ASSISTANT COMMISSIONER OF INCOME - TAX, CIRCLE 7(1)(2), BENGALURU. VS. APPELLANT M/S.VELANKANI INFORMATION SYSTEMS PVT. LTD., NO.43, ELECTRONIC CITY, HOSUR ROAD, BENGALURU - 560 100. PAN: AABCV 0552 G RESPONDENT A PPELLANT BY : SHRI R.N. SIDDAPPAJI, ADDL.CIT RESPONDENT BY : SHRI VIDH YADHEESH H.PANDURANGA . DATE OF HEARING : 1 1/10/2018 DATE OF PRONOUNCEMENT : 11 /10/2018 O R D E R PER INTURI RAMA RAO, A M : THE INSTANT APPEAL IS DIRECTED AGAINST THE ORDER OF THE LEARNED COMMISSIONER OF INCOME - TAX(APPEALS) - 7 , BENGALURU, DATED 04 /11/2016 FOR THE ASSESSMENT YEAR 20 10 - 11. 2 . IT IS STATED BEFORE US THAT THE TAX EFFECT IN THIS CASE IS LESS THAN RS. 20 LAKHS AND THEREFORE THE CIRCULAR NO. 3/2018 DATED 11 / 07 / 2018 ISSUED BY THE CENTRAL BOARD OF DIRECT TAXES (CBDT) IN EXERCISE OF ITS POWER VESTED UNDER SEC. 268A(1) OF THE I NCOME - TAX ACT COMES INTO PLAY WHEREIN, THE MONETARY LIMIT FOR FILING THE APPEALS 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 3 OF THE SAID CIRCULAR (SUPRA) IT IS STATED THAT IN CASES WHERE THE TAX EFFECT IN THE APPEALS TO BE FILED BEFORE THE APPELLATE TRIBUNAL DOES NOT EXCEED RS. 20 LAKHS , APPEALS SHOULD NOT BE FILED. THUS TAKING NOTE OF CBDT CIRCULAR NO. 03/2018, DA TED 11 / 07 / 2018 AND CONSIDERING THE FACT THAT THE TAX EFFECT IN THE ITA NO . 127 /BANG/20 17 PAGE 2 OF 2 INSTANT APPEAL IS LESS THAN RS. 20 LAKHS, THE PRESENT APPEAL DESERVES TO BE DISMISSED AS NOT PRESSED/NOT MAINTAINABLE. HOWEVER, WE MAKE IT CLEAR THAT THE ISSUES RAISED IN THE INSTANT APPEAL ARE LEFT OPEN TO BE EXAMINED IN THE APPROPRIATE PROCEEDINGS, IF ARISE, IN FUTURE. AT THE SAME TIME WE ALSO MAKE IT CLEAR THAT IF THE APPEAL FALL IN ANY OF THE EXCEPTIONS REFERRED TO IN THE ABOVE SAID CBDT CIRCULAR, THE REVENUE IS AT LIBERTY TO MOVE AN AP PLICATION FOR RECALLING THE ORDER IF SO ADVISED. 2. ACCORDINGLY, IN THE LIGHT OF CBDT CIRCULAR NO.03/2018 DATED 11/07/2018 THE APPEAL STANDS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 11 TH OCTOBER, 2018 SD - SD/ - (SUNIL KUMAR YADAV) (INTURI RAMA RAO) JUDICIAL MEMBER ACCOUNTANT MEMBER PLACE : BENGALURU. D A T E D : 11 / 10 /201 8 SRINIVASULU, SPS COPY TO : 1 APPELLANT 2 RESPONDENT 3 CIT(A) 4 CIT 5 DR, ITAT, BANGALORE. 6 GUARD FILE BY ORDER ASSISTANT REGISTRAR INCOME - TAX APPELLATE TRIBUNAL BANGALORE