Income Tax Officer Ward-2(3), Hubli V. The West Coast Paper Mill Employees Souharda Credit Co-operative Society Ltd , Dandeli

ITA 1440/BANG/2017

• Counselvise Citation: [2018] 119 COUNSELVISE.COM (IT) 1482 (ITAT-BANGALORE)
• Duration Of Justice: 1 year(s) 5 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 27-11-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2013-2014
• Appeal Filed On: 20-06-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SRINANDINI DAS
• Keywords: Tax effect
• Section: 2

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL BANGALORE BENCH A BEFORE S HRI N.V. VASUDEVAN, VICE PRESIDENT AND SHRI JASON P BOAZ , ACCOUNTANT MEMBER I.T . A. NO S . 1440 & 2930 /BANG/20 1 7 (ASSESSMENT YEAR S : 20 13 - 14 & 2014 - 15 ) INCOME TAX OFFICER , WARD 2(3), H UBLI . . APPELLANT. VS. THE WEST COAST PAPER MILL EMPLOYEES SOUHARDA CREDIT CO - OPERATIVE SOCIETY LTD., HDUDA BUILDING, NAVANAGAR, HUBLI - 580 025 .. RESPONDENT. APPELLANT BY : SMT. SRINANDINI DAS , ADDL. CIT (D.R) R E SPONDENT BY : NONE. DATE OF H EARING : 26.11 .2018. DATE OF P RONOUNCEMENT : 27 .11 . 201 8 . O R D E R PER SHRI JASON P BOAZ , A .M . : TH ESE APPEAL S AT THE INSTANCE OF THE REVENUE ARE DIRECTED AGAINST THE ORDER PASSED BY THE COMMISSIONER OF INCOME TAX (APPEALS), HUBLI BANGALORE DT. 3 1. 03.2017 FOR ASSESSMENT YEAR S 2 0 13 - 14 & 2014 - 15 . 2. T HE LEARNED DEPARTMENTAL REPRESENTATIVE FOR REVENUE SUBMITS THAT IN THESE APPEAL S , 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, DT.11.07.2018, WHICH IS IN SUPERSESSION OF 2 IT A NO S . 1440 & 2930 / BANG/20 1 7 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 REFER ENCE APPLIES RETROSPECTIVELY EVEN TO PENDING APPEALS, WE HOLD THAT THE ABOVE LISTED APPEAL S FILED BY THE REVENUE ARE NOT MAINTAINABLE AND LIABLE TO BE DISMISSED IN LIMINE . 3. IN THE RESULT, THE ABOVE APPEAL S OF THE REVENUE FOR ASSESSMENT YEAR S 20 13 - 14 & 2014 - 15 ARE DISMISSED. REGISTRY IS DIRECTED TO INFORM THE PARTIES ACCORDINGLY. ORDER PRONOUNCED IN THE OPEN COURT ON 27TH NOV ., 201 8 . SD/ - ( N.V. VASUDEVAN ) VICE PRESIDENT SD/ - ( JASON P BOAZ ) ACCOUNTANT MEMBER BANGALORE, DT. 27 .11 .2018. *REDDY GP 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.