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

ITA 1922/BANG/2017

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 5833 (ITAT-BANGALORE)
• Duration Of Justice: 3 year(s) 11 month(s) 20 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-09-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 16-09-2021
• Assessment Year: 2013-2014
• Appeal Filed On: 27-09-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: PRIYADARSHI MISHRA BANGALORE
• Assessee Lawyers: SHYAMBHOG
• Keywords: Tax effect
• Section: 13

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH : BANGALORE BEFORE SHRI N. V. VASUDEVAN, VICE PRESIDENT AND SHRI CHANDRA POOJARI, ACCOUNTANT MEMBER ITA NO. 1 92 2 / BANG /20 17 ASSESSMENT YEAR : 20 13 - 14 THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 2(1)(1), BENGALURU 560 095 . VS. M/S. CHARTERED HOUSING PVT. LTD., NO.27, VICTORIA ROAD, BENGALURU 560 047. PAN : AABCC 0044 N APPELLANT RESPONDENT REVENUE BY : SHRI. PRIYADARSHI MISHRA, ADDL. CIT(DR)(ITAT), BANGALORE ASSESSEE BY : SHRI. SHYAMBHOG , CA DATE OF HEARING : 1 6 . 09 .20 21 DATE OF PRONOUNCEMENT : 16 . 09 .20 21 O R D E R PER N. V. VASUDEVAN, VICE PRESIDENT THIS IS AN APPEAL BY THE REVENUE DIRECTED AGAINST THE ORDER PASSED BY THE COMMISSIONER OF INCOME TAX (APPEALS), BENGALURU - 2, BENGALURU , DT.11.07.2017 RELATING TO ASSESSMENT YEAR 2013-14. 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 ITA NO.1922/BANG/2017 PAGE 2 OF 2 AMENDMENT DATED 20.08.2018, IN RELATION TO FILING OF APPEAL 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 FOR ASSESSMENT YEAR 2013-14 IS DISMISSED. PRONOUNCED IN THE OPEN COURT ON THE DATE MENTIONED ON THE CAPTION PAGE. SD/ - SD/ - (CHANDRA POOJARI) ACCOUNTANT MEMBER (N. V. VASUDEVAN) VICE PRESIDENT BANGALORE. DATED: 16 .09.2021 . /NS/* COPY TO: 1. APPELLANTS 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR 6. GUARD FILE BY ORDER ASSISTANT REGISTRAR, ITAT, BANGALORE.