Deputy Commissioner of Income Tax, Circle-1(1)(1), Bengaluru V. M/s. Assetz Property Management Services Private Limited, Bengaluru

ITA 158/BANG/2019

• Counselvise Citation: [2019] 112 COUNSELVISE.COM (IT) 3709 (ITAT-BANGALORE)
• Duration Of Justice: 9 month(s) 27 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 25-11-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2014-2015
• Appeal Filed On: 28-01-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: P RENUGADEVI
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH : BANGALORE BEFORE SHRI B.R BASKARAN , ACCOUNTANT MEMBER AND SMT. BEENA PILLAI, JUDICIAL MEMBER ITA NO.158/BANG/2019 ASSESSMENT YEAR : 2014-15 THE DY. COMMISSIONER OF INCOME-TAX, CIRCLE-1(1)(1), BENGALURU. VS. M/S ASSETZ PROPERTY MANAGEMENT SERVICES PVT. LTD., 2/1 EMBASSY ICON ANNEXE INFANTRY ROAD, BENGALURU-560 001. PAN AACCB 9758 R APPELLANT RESPONDENT APPELLANT BY : SMT. P RENUGA DEVI, JCIT (DR) RESPONDENT BY : SHRI SUDHEENDRA, ADVOCATE DATE OF HEARING : 25.11.2019 DATE OF PRONOUNCEMENT : 25.11.2019 O R D E R PER B.R BASKARAN, ACCOUNTANT MEMBER THE APPEAL FILED BY THE REVENUE IS DIRECTED AGAINS T THE ORDER PASSED BY THE LD CIT(A) IN THE HANDS OF THE ASSESSE ES AND IT RELATE TO THE ASST. YEAR 2014-15. 2. AT THE OUTSET, THE LD COUNSELS APPEARING FOR THE ASSESSEES SUBMITTED THAT THE TAX EFFECT INVOLVED IN THE ISSUE S CONTESTED BY THE REVENUE DOES NOT EXCEED 50 LAKHS IN THIS APPEAL. ACCORDINGLY IT WAS SUBMITTED THAT THE REVENUE IS PRECLUDED FROM PU RSUING THIS APPEAL AS PER CIRCULAR NO.17/2019 DATED 8/8/2019 IS SUED BY ITA NO.158 /BANG/2019 PAGE 2 OF 4 CENTRAL BOARD OF DIRECT TAXES, WHICH HAS BEEN CLARI FIED BY CBDT AS APPLICABLE TO ALL PENDING APPEALS, VIDE ITS INSTRUC TION DATED 20/8/2019. ACCORDINGLY, THE LD A.R SUBMITTED THAT THE APPEAL IS REQUIRED TO BE DISMISSED IN LIMINE. 3. THE LD DR DID NOT OBJECT TO THE SUBMISSION MADE BY THE COUNSEL FOR THE ASSESSEE. 4. ACCORDINGLY WE DISMISS THE APPEAL OF THE REV ENUE IN LIMINE. HOWEVER LIBERTY IS GIVEN TO THE REVENUE TO MOVE AP PLICATION FOR RECALL OF THE ORDER, IF IT IS FOUND THAT THE TAX EF FECT INVOLVED ON THE ISSUES DISPUTED IN THE APPEAL IS MORE THAN 50 LAKHS OR IF IT IS FOUND THAT THE ISSUES CONTESTED THEREIN FALL IN THE CATEG ORY OF EXCEPTIONS PRESCRIBED BY THE CBDT CIRCULAR OR SUBSEQUENTLY. 5. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 25 TH NOVEMBER, 2019. SD/ - (BEENA PILLAI) JUDICIAL MEMBER SD/ - (B.R BASKARAN) ACCOUNTANT MEMBER BANGALORE, DATED, 25 TH NOVEMBER, 2019. / VMS / ITA NO.158 /BANG/2019 PAGE 3 OF 4 COPY TO: 1. THE APPLICANT 2. THE RESPONDENT 3. THE CIT 4. THE CIT(A) 5. THE DR, ITAT, BANGALORE. 6. GUARD FILE BY ORDER ASST. REGISTRAR, ITAT, BANGALORE. ITA NO.158 /BANG/2019 PAGE 4 OF 4 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. DICTATION NOTE ENCLOSED 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. .. 14. DICTATION NOTE ENCLOSED