Asst.C.I.T., Bangalore V. M/s Arctern Consulting Private Limited, Bangalore

ITA 174/BANG/2016

• Counselvise Citation: [2020] 111 COUNSELVISE.COM (IT) 1084 (ITAT-BANGALORE)
• Duration Of Justice: 4 year(s) 3 month(s) 16 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 29-05-2020
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 12-03-2020
• Assessment Year: 2011-2012
• Appeal Filed On: 12-02-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: T SURYANARAYANA
• Keywords: Tax effect
• Section: 144C

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL BANGALORE BENCH A BEFORE SHRI A. K. GARODIA, ACCOUNTANT MEMBER AND SHRI PAVAN KUMAR GADALE, JUDICIAL MEMBER I.T. (TP) A. NO.174/BANG/2016 (ASSESSMENT YEAR : 2011-12) ACIT, CIRCLE 1(1)(1), BENGALURU. . APPELLANT. VS. M/S. ARCTERN CONSULTING PRIVATE LIMITED, 49/8, 2 ND FLOOR, 60 FT. ROAD, NEAR JYOTI NIVAS COLLEGE, KORAMANGALA INDUSTRIAL LAYOUT, 5 TH BLOCK, BENGALURU 560 095. PAN : AAECA9113F .. RESPONDENT. ASSESSEE BY : SHRI T. SURYANARAYANA, ADVOCATE REVENUE BY : S MT. NEERA MALHOTRA , CIT DR DATE OF HEARING : 12 .03.2020. DATE OF PRONOUNCEMENT : 29 .05.2020. O R D E R PER A. K. GARODIA, A.M. : THIS APPEAL AT THE INSTANCE OF THE REVENUE IS DIRECTED AGAINST THE ASSESSMENT ORDER PASSED BY THE AO ON 17.12.2015 U/S 144C (13) AS PER THE DIRECTIONS OF DRP FOR ASSESSMENT YEAR 2011 12. 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 2 IT (TP) A NO. 174/BANG/2016 CIRCULAR NO.03/2018 DT.11.07.2018 AND AMENDMENT DATED 20.08.2018, 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 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/- (PAVAN K. GADALE) JUDICIAL MEMBER SD/-SD/- (A. K. GARODIA) ACCOUNTANT MEMBER BANGALORE, DT. 29.05.2020. *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.