Deputy Commissioner of Income TAx Circle-4(1)(2), Bangalore V. M/s Mfar Holdings Pvt Ltd , Bangalore

ITA 1442/BANG/2017

• Counselvise Citation: [2018] 119 COUNSELVISE.COM (IT) 4642 (ITAT-BANGALORE)
• Duration Of Justice: 1 year(s) 4 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 22-10-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2010-2011
• Appeal Filed On: 21-06-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: T CHANDRASEKHAR
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL BANGALORE BENCH C BEFORE S HRI JASON P BOAZ , ACCOUNTANT MEMBER AND SHRI LALIET KUMAR, JUDICIAL MEMBER I.T . A. NO. 1 4 4 2 / BANG /20 1 7 (ASSESSMENT YEAR : 20 1 0 - 1 1 ) DY . COMMISSIONER OF INCOME TAX, CIRCLE 4(1)(2), BANG ALORE. . APPELLANT. VS. M/S. MFAR HOLDINGS PVT. LTD., NO.3, LAVELLE ROAD, BANGALORE - 560 001 .. RESPONDENT. APPELLANT BY : SHRI T. CHANDRASEKHAR, ADDL. CIT (D.R) R E SPONDENT BY : SHRI SACHIN MEHTA, CA DATE OF H EARING : 22.10 .2018. DATE OF P RONOUNCEMENT : 22.10.2018. O R D E R PER SHRI JASON P BOAZ , A .M . : TH IS APPEAL AT THE INSTANCE OF THE REVENUE IS DIRECTED AGAINST THE ORDER PASSED BY THE COMMISSIONER OF INCOME TAX (APPEALS) - 4 , BANGALORE DT. 2 7.03.2017 FOR ASSESSMENT YEAR 201 0 - 11 . 2 IT A NO. 1 442 /BANG/20 1 7 2. IN T HE 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 N O .03/2018, DT.11.7.2018, WHICH IS ISSUED 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 OF THE ABOVE, AND ALSO THE FACT THAT THE CBDT CIRCULAR UNDER REFERENCE APPLIES RETROSPECTIVELY EVEN TO PENDING APPEALS, WE HOLD THAT THE ABOVE APPEAL FI LED BY THE REVENUE IS NOT MAINTAINABLE AND LIABLE TO BE DISMISSED IN LIMINE . 3. IN THE RESULT, REVENUE S APPEAL FOR ASSESSMENT YEAR 201 0 - 1 1 IS DISMISSED. REGISTRY IS DIRECTED TO INFORM THE PARTIES ACCORDINGLY. ORDER PRONOUNCED IN THE OPEN CO URT ON THE 22 ND OCT ., 201 8 . SD/ - ( LALIET KUMAR ) JUDICIAL MEMBER SD/ - ( JASON P BOAZ ) ACCOUNTANT MEMBER BANGALORE, DT. 22.10. 2018. *REDDY GP 3 IT A NO. 1 442 /BANG/20 1 7 COPY TO : 1 APPELLANT 4 CIT(A) 2 RESPONDENT 5 DR. ITAT, BANGALORE 3 CIT 6 GUARD FILE SEN IOR PRIVATE SECRETARY INCOME TAX APPELLATE TRIBUNAL BANGALORE.