Joint Commissioner of Income Tax LTU (OSD) Circle-1 , Bangalore V. M/s Bosch Limited , Bangalore

ITA 1987/BANG/2018

• Counselvise Citation: [2022] 106 COUNSELVISE.COM (IT) 0610 (ITAT-BANGALORE)
• Duration Of Justice: 3 year(s) 6 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 04-01-2022
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2013-2014
• Appeal Filed On: 11-06-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SUMER SINGH MEENA
• Assessee Lawyers: PERCY PADIWALA
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL ‘A’ BENCH : BANGALORE BEFORE SHRI. CHANDRA POOJARI, ACCOUNTANT MEMBER AND SMT. BEENA PILLAI, JUDICIAL MEMBER ITA No. 1987/Bang/2018 Assessment Year : 2013-14 The Joint Commissioner of Income LTU (OSD), Circle – 1, Bangalore. Vs. M/s. Bosch Limited, Post Box No. 3000, Hosur Road, Adugodi, Bangalore – 560 030. PAN: AAACM9840P APPELLANT RESPONDENT Assessee by : Shri Percy Padiwala, Sr. Advocate Revenue by : Shri Sumer Singh Meena, CIT DR (OSD) Date of Hearing : 04-01-2022 Date of Pronouncement : 05-01-2022 ORDER PER BEENA PILLAI, JUDICIAL MEMBER Present appeal is filed by revenue against the order dated 31/03/2018 passed by Ld.CIT(A)-9, Bangalore for assessment year 2013-14 on following grounds of appeal: “1. The order of Ld.CIT(A) is opposed to law and facts of the case. 2. The Ld.CIT(A) erred that the claim of the assessee towards the advance payment in PLA account under excise rules is allowable as per the provisions of Section 43B(a) as the amount is paid during the current year. 3. For these and such other grounds that may be urged at the time of hearing.” 2. At the time of hearing, it was brought to the knowledge of the Bench the tax effect in the appeal is below Rs.50 lakhs therefore Page 2 of 2 ITA No. 1987/Bang/2018 covered by CBDT Circular No.17/2019 Dt.8.8.2019. We find as per the CBDT Circular No.17/2019 Dt.8.8.2019, no appeal shall be filed by the Revenue before the Tribunal where the tax effect is below Rs.50 lakhs in respect of all pending appeals. In the present case, the quantum of disallowance in respect of the issues alleged by the Revenue u/s. 43B(a) is Rs. 1,16,00,109/- on which Ld.CIT(A) granted relief. Admittedly, the tax demand on the alleged issue by the Revenue is below Rs. 50 Lakhs and circular is applicable to the pending appeals. Hence we dismiss the Revenue’s appeal on maintainability due to low tax effect. 3. In the result, appeal of the Revenue is dismissed. Order pronounced in the open court on 05 th January, 2022. Sd/- Sd/- (CHANDRA POOJARI) (BEENA PILLAI) Accountant Member Judicial Member Bangalore, Dated, the 05 th January, 2022. /MS / Copy to: 1. Appellant 4. CIT(A) 2. Respondent 5. DR, ITAT, Bangalore 3. CIT 6. Guard file By order Assistant Registrar, ITAT, Bangalore