Assistant Commissioner of Income Tax Circle-1(2)(1), Bangalore V. M/s Confederation of Real Estate Developers Association , Bangalore

ITA 163/BANG/2017

• Counselvise Citation: [2020] 111 COUNSELVISE.COM (IT) 6022 (ITAT-BANGALORE)
• Duration Of Justice: 3 year(s) 22 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 14-02-2020
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2012-2013
• Appeal Filed On: 23-01-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: MUKESH P SHET
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL BANGALORE BENCH B BEFORE SHRI A. K. GARODIA, ACCOUNTANT MEMBER AND SMT. BEENA PILLAI, JUDICIAL MEMBER I.T.A. NO.163/BANG/2017 (ASSESSMENT YEAR : 2012-13) DCIT, CIRCLE 1(2)(1), BENGALURU. . APPELLANT. VS. M/S. CONFEDERATION OF REAL ESTATE DEVELOPERS ASSOCIATION OF INDIA, NO. 607 & 608, 6 TH FLOOR, NO. 84, BARTON CENTRE, M. G. ROAD, BENGALURU 560 001. PAN : AAAAK1173D .. RESPONDENT. ASSESSEE BY : SHRI MUKESH P SHET, C. A. REVENUE BY : SHRI SHAHNAWAZUL RAHMAN, JCIT DATE OF HEARING : 12 .02.2020. DATE OF PRONOUNCEMENT : 14 .02.2020. O R D E R PER A. K. GARODIA, A.M. : THIS APPEAL AT THE INSTANCE OF THE REVENUE IS DIRECTED AGAINST THE ORDER PASSED BY THE CIT(A) 1, BENGALURU, DT. 02.09.2016 FOR ASSESSMENT YEAR 2012 13. 2. THE LEARNED DEPARTMENTAL REPRESENTATIVE FOR REVENUE SUBMITTED THAT IN THIS APPEAL, THE TAX EFFECT PERTAINING TO THE AMOUNT DISPUTED BY THE REVENUE IS LESS THAN THE MONETARY LIMIT OF RS.50 LAKHS FIXED BY THE CBDT IN CIRCULAR NO.17/2019, DT.08.08.2019, WHICH IS IN SUPERSESSION OF ITS CIRCULAR NO.03/2018 DT.11.07.2018 AND AMENDMENT DATED 20.08.2018, IN 2 ITA NO. 1619 /BANG/2016 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 REFERENCE APPLIES RETROSPECTIVELY EVEN TO PENDING APPEALS, WE HOLD THAT THE ABOVE LISTED APPEAL FILED BY THE REVENUE IS NOT MAINTAINABLE AND LIABLE TO BE DISMISSED IN LIMINE . 3. IN THE RESULT, REVENUES APPEAL IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON THE DATE MENTIONED ON THE CAPTION PAGE. SD/- (BEENA PILLAI) J U D I C I AL MEMBER SD/- SD/- (A. K. GARODIA) A CC OUNT ANT MEMBER BANGALORE, DT. 14.02.2020. *NS COPY TO : 1 APPELLANT 4 CI T(A) 2 RESPONDENT 5 DR. ITAT, BANGALORE 3 CIT 6 GUARD FILE ASST. REGISTRAR INCOME TAX APPELLATE TRIBUNAL BANGALORE.