Income TAx Officer TDS Ward-3(3), Bangalore V. M/s The Coffee Board Employees Co-op Housing Society Limited , Bangalore

ITA 1370/BANG/2017

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 5047 (ITAT-BANGALORE)
• Duration Of Justice: 1 year(s) 1 month(s) 18 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 03-08-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2012-2013
• Appeal Filed On: 15-06-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: B R RAMESH J
• Assessee Lawyers: ARVIND CHAUHAN
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH, B E NGAL U R U BEFORE SHRI INTURI RAMA RAO, ACCOUNTANT MEMBER AND SHRI LALI E T KUMAR, JUDICIAL MEMBER ITA NO S . 1370 & 1371 /BANG/201 7 (ASSESSMENT YEAR S : 2012 - 13 & 2013 - 14 ) INCOME - TAX OFFICER, TDS WARD 3(3), BE NGALURU. VS. APPELLANT THE COFFEE BOARD EMPLOYEES CO - OP HOUSING SOCIETY LTD. NO.1, DR.AMBEDKAR VEEDHI, BENGALURU - 560 001. RESPONDENT APPELLANT BY : SHRI B.R.RAMESH, JCIT(DR) . RESPONDENT BY : SHRI ARVIND CHAUHAN, ADVOCATE. DA TE OF HEARING : 01/08/2018 DATE OF PRONOUNCEMENT : 03 /08/2018 O R D E R PER I NTURI RAMA RAO, AM : THE INSTANT APPEAL S ARE DIRECTED AGAINST THE ORDER OF THE COMMISSIONER OF INCOME - TAX(APPEALS) - 13, BENGALURU, DATED 30/03/2017 FOR THE ASSESSMENT YEA RS 2012 - 13 & 2013 - 14. IT IS STATED BEFORE US THAT THE TAX EFFECT IN TH E S E CASE S IS LESS THAN RS. 20 LAKHS AND THEREFORE T HE 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 IT 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 THE REDUCING THE TAX LITIGATION. VIDE PARA 3 OF THE SAID CIR CULAR (SUPRA) IT IS STATED THAT IN CASES WHERE THE TAX ITA NO S . 1370 & 1371/BANG /2017 PAGE 2 OF 2 EFFECT IN THE APPEALS TO BE FILED BEFORE THE APPELLATE TRIBUNAL DOES NOT EXCEED RS. 20 LAKHS APPEALS SHOULD NOT BE FILED. THUS TAKING A NOTE OF CBDT CIRCULAR NO. 03/2018, DATED 11.07.2018 AND CONSIDERI NG THE FACT THAT THE TAX EFFECT IN THE 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 EXAMI NED IN THE APPROPRIATE PROCEEDINGS, IF ARISES, 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 APPLICATION FOR RECALLING TH E ORDER IF SO ADVISED. 2. ACCORDINGLY, IN THE LIGHT OF CBDT CIRCULAR NO.03/2018 DATED 11/07/2018 THE APPEAL S STAND DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 03 RD AUGUST, 2018. SD/ - SD/ - (LALIET KUMAR) (INTURI RAMA RAO) JUDICIAL MEMBER ACCOUNTANT MEMBER PLACE : BENGALURU D A T E : 03/08/2018 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