Deputy Commissioner of Income Tax, Circle-4(1)(1), Bangalore V. M/s. JKM ERLA Automotive Limited, Bangalore

ITA 1417/BANG/2017

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 1099 (ITAT-BANGALORE)
• Duration Of Justice: 1 year(s) 2 month(s) 22 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 11-09-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2012-2013
• Appeal Filed On: 19-06-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: DR P V PRADEEP KUMAR
• Assessee Lawyers: GANESH G
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL BANGALORE BENCH C, BANGALORE BEFORE SHRI N.V. VASUDEVAN, JUDICIAL MEMBER AND SHRI G. MANJUNATHA, ACCOUNTANT MEMBER ITA NO.1391 & 1417/BANG/2017 ASSESSMENT YEAR: 2012-13 THE DY. COMMISSIONER OF INCOME TAX, WARD 4(1)(1), BENGALURU. VS. VS. M/S JKM ERLA AUTOMOTIVE LTD., DYNAMIC PARK, NO.11 PEENYA INDUSTRIAL AREA, II PHASE, TUMKUR ROAD, BENGALURU. PAN AACCJ 5374 M. (APPELLANT) (RESPONDENT) APPELLANT BY : DR. PV PRADEEP KUMAR, ADDL. CIT RESPONDENT BY : SHRI GANESH G, ADVOCATE DATE OF HEARING 11/09/2018 DATE OF PRONOUNCEMENT 11/09/2018 O R D E R PER G. MANJUNATHA, ACCOUNTANT MEMBER.: THESE APPEALS FILED BY THE REVENUE ARE DIRECTED AGA INST THE ORDER OF THE CIT (A)-4, BENGALURU DATED 22.3.2017 A ND IT PERTAINS TO THE A.Y. 2012-13. 2 I 2. THE LD. AR FOR THE ASSESSEE AND THE LD. DR P RESENT FOR THE REVENUE, AT THE TIME OF HEARING SUBMITTED THAT THE TAX EFFECT INVOLVED IN THESE APPEALS FILED BY THE REVENUE IS LESS THAN THE AMOUNT OF MONETARY LIMIT OF RS. 20 LAKHS FIXED BY THE CBDT VIDE CIRCULAR NO. 3/2018 DATED 11.07.2018 IN EXERCISE OF ITS POWER VE STED UNDER SEC. 268A (1) OF THE INCOME TAX ACT, 1961. THEREFORE, APPEAL FILED BY THE REVENUE IS NOT MAINTAINABLE. WE FIND THAT, THE CBDT HAD ISSUED A CIRCULAR AND REVISED MONETARY LIMIT PRESCRIBED FOR FILING APPEAL BEFORE ITAT TO RS. 20 LACS. IN THE SAID CIRCULAR, IN PARA 3, IT WAS FURTHER CLARIF IED THAT IN CASES WHERE THE TAX EFFECT IN THE APPEALS TO BE FILED BEFORE THE AP PELLATE TRIBUNAL DOES NOT EXCEED RS. 20 LAKHS, APPEALS SHOULD NOT BE FILED. I T WAS FURTHER CLARIFIED THAT THIS CIRCULAR IS APPLICABLE TO PENDING APPEALS . THUS, TAKING A NOTE OF CBDT CIRCULAR NO. 03/2018, DATED 11.07.2018 AND CON SIDERING THE FACT THAT THE TAX EFFECT IN THE INSTANT APPEAL IS LESS T HAN RS. 20 LAKHS, THE PRESENT APPEAL DESERVE TO BE DISMISSED AS NOT PRESSED/NOT M AINTAINABLE. HOWEVER, WE MAKE IT CLEAR THAT THE ISSUES RAISED IN THE INST ANT APPEAL ARE LEFT OPEN TO BE EXAMINED IN THE APPROPRIATE PROCEEDINGS, IF ARIS ES, 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 CIRCU LAR 3/2018, THE REVENUE IS AT LIBERTY TO MOVE AN APPLICATION FOR RE CALLING THE ORDER IF SO ADVISED. 3 I 3. ACCORDINGLY, IN THE LIGHT OF CBDT CIRCULAR NO.03 /2018 DATED 11/07/2018 THE APPEALS STANDS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 11 TH SEPTEMBER 2018. SD/- SD/- (N V VASUDEVAN) (G. MANJUNATHA) JUDICIAL MEMBER ACCOUNTANT MEMB ER BANGALORE, DATED: 11TH SEP, 2018 VMS COPY TO:- 1) APPELLANT 2) RESPONDENT 3) CIT(A) 4) CIT 5) DR, I.T.A.T., BANGALORE. 6) GUARD FILE BY ORDER SR. PRIVATE SECRETARY, ITAT, BANGAL ORE 4 I 1. DATE OF DICTATION 2. DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER . 3. DATE ON WHICH THE APPROVED DRAFT COMES TO SR.P.S .. 4. DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE DICTATING MEMBER .. 5. DATE ON WHICH THE FAIR ORDER COMES BACK TO THE S R. P.S. .. 6. DATE OF UPLOADING THE ORDER ON WEBSITE.. 7. IF NOT UPLOADED, FURNISH THE REASON FOR DOING SO .. 8. DATE ON WHICH THE FILE GOES TO THE BENCH CLERK .. 9. DATE ON WHICH ORDER GOES FOR XEROX & ENDORSEMENT.. 10. DATE ON WHICH THE FILE GOES TO THE HEAD CLERK . 11. THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT REGISTRAR FOR SIGNATURE ON THE ORDER . 12. THE DATE ON WHICH THE FILE GOES TO DISPATCH SEC TION FOR DISPATCH OF THE TRIBUNAL ORDER . 13. DATE OF DESPATCH OF ORDER. ..