Deputy Commissioner of Income Tax, Circle-2(1), International Taxation, Bengaluru V. Shri. Chandrasekhar Sundaresh, Bengaluru

ITA 1865/BANG/2018

• Counselvise Citation: [2020] 111 COUNSELVISE.COM (IT) 3242 (ITAT-BANGALORE)
• Duration Of Justice: 1 year(s) 9 month(s) 4 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 04-03-2020
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 03-03-2020
• Assessment Year: 2014-2015
• Appeal Filed On: 30-05-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: PRIYADARSHI MISRA
• 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 1865/BANG/2018 ASSESSMENT YEAR : 2014 15 DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 2 (1), INTERNATIONAL TAXATION, ROOM NO. 440, 4 TH FLOOR, BMTC BUILDING, 80 FT. ROAD, 6 TH BLOCK, KORAMANGALA, BANGALORE 560 095. VS. SHRI. CHANDRASEKHAR SUNDARESH, FLAT NO. B-5-4, OAKYARD APARTMENT, 38 CROSS, 9 TH BLOCK, JAYANAGAR, BANGALORE 560 069. PAN NO : CCFPS 9318 N APPELLANT RESPONDENT APPELLANT BY : SHRI. PRIYADARSHI MISRA, JCIT DR RESPONDENT BY : SMT. SHEETAL BORKAR, ADVOCATE DATE OF HEARING : 03-03-2020 DATE OF PRONOUNCEMENT : 04-03-2020 ORDER PER BEENA PILLAI, JUDICIAL MEMBER THIS APPEAL AT THE INSTANCE OF THE REVENUE IS DIREC TED AGAINST THE ORDERS PASSED BY THE COMMISSIONER OF INCOME TAX (APPEALS) 10, BENGALURU, DT. 02-03-2018 FOR ASSESSMENT YEAR 2 014 15. 2. THE LEARNED DEPARTMENTAL REPRESENTATIVE FOR REVENU E SUBMITS THAT IN THIS APPEAL, THE TAX EFFECT PERTAIN ING TO THE PAGE 2 OF 2 ITA 1865/BANG/2018 A. Y : 2014 15 AMOUNT DISPUTED BY THE REVENUE IS LESS THAN THE MON ETARY LIMIT OF RS. 50 LAKHS FIXED BY THE CBDT IN CIRCULAR NO.17 /2019, DT. 08.08.2019, WHICH IS IN SUPERSESSION OF ITS CIRCULA R NO. 03/2018, DT.11.07.2018 AND AMENDMENT DATED 20.08.2018, IN RE LATION TO FILING OF APPEALS BEFORE THE INCOME TAX APPELLATE T RIBUNAL. TAKING INTO CONSIDERATION THE ABOVE, AND ALSO THE F ACT THAT THE CBDT CIRCULAR UNDER REFERENCE APPLIES RETROSPECTIVE LY EVEN TO PENDING APPEALS, WE HOLD THAT THE ABOVE LISTED APPE ALS FILED BY THE REVENUE ARE NOT MAINTAINABLE AND LIABLE TO BE D ISMISSED IN LIMINE . 3. IN THE RESULT, THE ABOVE APPEAL OF THE REVENUE FOR ASSESSMENT YEAR 2014 15 IS DISMISSED AS WITHDRAWN . REGISTRY IS DIRECTED TO INFORM THE PARTIES ACCORDINGLY. ORDER PRONOUNCED IN THE OPEN COURT ON 4 TH MARCH, 2020. SD/- SD/- (B.R. BASKARAN) ( BEENA PILLAI) ACCOUNTANT MEMBER JUDICIAL MEMBER BANGALORE, DATED, THE 4 TH MARCH, 2020. /MK/ COPY TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR, ITAT, BANGALORE 6. GUARD FILE BY ORDER INCOME TAX APPELLATE TRIBUNAL. BANGALORE