The Assistant Commissioner of Income Tax Circle-5(1)(1), Bangalore V. M/s Nandi Engineering Ltd , Bangalore

ITA 1290/BANG/2018

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 4484 (ITAT-BANGALORE)
• Duration Of Justice: 1 year(s) 25 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 15-05-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2014-2015
• Appeal Filed On: 20-04-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: DEVA RATHNA KUMAR
• Assessee Lawyers: B S BALACHANDRAN
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL BANGALORE BENCH B BEFORE SHRI JASON P BOAZ, ACCOUNTANT MEMBER AND SHRI PAVAN KUMAR GADALE, JUDICIAL MEMBER I.T.A. NO.1290/BANG/2018 (ASSESSMENT YEAR : 2014-15) ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE - 5(1)(1), 2 ND FLOOR, BMTC COMPLEX, 80 FEET ROAD, KORAMANGALA, BANGALORE 560 095. . APPELLANT. VS. M/S. NANDI ENGINEERING LTD., #1, MIDFORD HOUSE, MIDFORD GARDEN, OFF: MG ROAD, BANGALORE-560 001. .. RESPONDENT. APPELLANT BY : SHRI DEVARATHNA KUMAR, CIT RESPONDENT BY : SHRI B. S. BALACHANDRAN, ADVOCATE DATE OF HEARING : 14.05.2019. DATE OF PRONOUNCEMENT : 15.05.2019. O R D E R PER 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)-5, BANGALORE DT.30.01.2018 FOR ASSESSMENT YEAR 2014-15. 2. THE LEARNED DEPARTMENTAL REPRESENTATIVE FOR REVENUE SUBMITS THAT IN THIS APPEAL, THE TAX EFFECT PERTAINING TO THE AMOUNT DISPUTED BY 2 ITA NO. NO.1290/BANG/2018 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 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 2014-15 IS DISMISSED. REGISTRY IS DIRECTED TO INFORM THE PARTIES ACCORDINGLY. ORDER PRONOUNCED IN THE OPEN COURT ON 15 TH MAY, 2018. SD/- (PAVAN KUMAR GADALE) JUDICIAL MEMBER SD/- (JASON P BOAZ) ACCOUNT ANT MEMBER BANGALORE, DT. 15.05.2019. *NS COPY TO : 1 APPELLANT 4 CIT(A) 2 RESPONDENT 5 DR. ITAT, BANGALORE 3 CIT 6 GUARD FILE ASST. REGISTRAR INCOME TAX APPELLATE TRIBUNAL BANGALORE.