Assistant Commissioner of Income TAX Circle-6(3)(1), Bangalore V. Sri Venkatesh K I , Bangalore

ITA 1345/BANG/2018

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 2395 (ITAT-BANGALORE)
• Duration Of Justice: 4 month(s) 9 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 05-09-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2001-2002
• Appeal Filed On: 26-04-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: DR P V PRADEEP KUMAR
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH, B ENGALURU BEFORE SHRI JASON P BOAZ , ACCOUNTANT MEMBER AND SHRI LALIET KUMAR, JUDICIAL MEMBER I TA NO. 1345 / BANG/2 0 1 8 (ASSESSMENT YEAR: 2001 - 02 ) ASSISTANT COMMISSIONER OF INCOME - TAX, CIRCLE 6(3)(1), BENG ALURU. VS. APPELLANT SHRI K.I.VENKATESH, NO.323, 14 TH CROSS, 2ND BLOCK, R T NAGAR, BENGALURU - 560032 PAN: AACPI 3934 R RESPONDENT APPELLANT BY : DR. P.V.PRADEEP KUMAR, ADDL.CIT. RESPONDENT BY : SHRI KASH I NATH KALMATH, ADVOCATE. D ATE OF HEARING : 27/08/2018 DATE OF PRONOUNCEMENT : 05/09 /2018 O R D E R PER JASON P BOAZ , AM : THIS APPEAL, AT THE INSTANCE OF THE REVENUE IS DIRECTED AGAINST THE ORDER DATED 30/11/2017 PASSED BY THE COMMISSIONER OF INCOME - TAX (APPEALS), BENGA LURU - 6 , FOR ASSESSMENT YEAR 2001 - 12. 2. IN THE ABOVE 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, DATED 11/07/2018, WHICH IS IN SUPERSESSION OF ITS CIRCULAR NO.21/2015 DATED 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. ITA NO . 1345 /BANG/20 18 PAGE 2 OF 2 3. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISMISSED. REGISTRY IS DIRECTED TO INFORM THE PARTIES ACCORDINGLY. ORDER PRONOUN CED IN THE OPEN COURT ON 05 TH SEPTEMBER, 2018 S D/ - SD/ - ( LALIET KUMAR ) ( JASON P BO AZ ) JUDICIAL MEMBER ACCOUNTANT MEMBER PLACE : BENGALURU. D A T E D : 05 / 0 9 /201 8 SRINIVASULU, SPS COPY TO : 1 APPELLANT 2 RESPONDENT 3 CIT(A) 4 CIT 5 DR, ITAT, BANGALORE. 6 GUARD FILE BY ORDER SENIOR PRIVATE SECRETARY INCOME - TAX APPELLATE TRIBUNAL BANGALORE