Income Tax Officer Ward-4(2)(1), Bengaluru V. M/s ITI Employees Co-Operative Credit Society Ltd., Bengaluru

ITA 2097/BANG/2018

• Counselvise Citation: [2018] 119 COUNSELVISE.COM (IT) 1472 (ITAT-BANGALORE)
• Duration Of Justice: 4 month(s) 29 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 27-11-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2013-2014
• Appeal Filed On: 28-06-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SRINANDINI DAS
• Assessee Lawyers: S RAMASUBRAMANIAN
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL BANGALORE BENCH A BEFORE S HRI N.V. VASUDEVAN, VICE PRESIDENT AND SHRI JASON P BOAZ , ACCOUNTANT MEMBER I.T . A. NO. 2 097 /BANG/20 1 8 (ASSESSMENT YEAR : 20 13 - 14 ) INCOME TAX OFFICER , WARD 4(2)(1) , BANGALORE. . APPELLANT. VS. M/S.ITI EMPLOYEES CO - OPERATIVE CREDIT SOCIETY LTD., NORTH AVENUE,DOORVANINAGAR, BANGALORE - 560 0 16 . . RESPONDENT. APPELLANT BY : SMT. SRINANDINI DAS , ADDL. CIT (D.R) R E SPONDENT BY : SHRI S. RAMASUBRAMANIAN , ADVOCATE. DATE OF H EARING : 26.11 .2018. DATE OF P RONOUNCEMENT : 27 .11 . 201 8 . O R D E R PER SHRI JASON P BOAZ , A .M . : THIS APPEAL AT THE INSTANCE OF THE REVENUE IS DIRECTED AGAINST THE ORDER PASSED BY THE COMMISSIONER OF INCOME TAX (APPEALS) - 7 , BANGALORE DT. 8.5. 201 8 FOR ASSE SSMENT YEAR 20 13 - 14 . 2. T HE LEARNED DEPARTMENTAL REPRESENTATIVE FOR REVENUE SUBMITS THAT IN THIS APPEAL, THE TAX EFFECT PERTAINING TO THE AMOUNT DISPUTED BY THE REVENUE IS LESS THAN THE MONETARY LIMIT OF RS.20 LAKHS FIXED BY THE CBDT IN CIRCULAR NO .03/2018, DT.11.07.2018, WHICH IS IN SUPERSESSION OF 2 IT A NO. 2097 /BANG/20 1 8 ITS CIRCULAR NO.21/2015 DT.10.12.2015, 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 REFE RENCE 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, THE ABOVE APPEAL OF THE REVENUE FOR ASSESSMENT YEAR 20 13 - 14 IS DISMISSED. REGISTRY IS DIRECTED TO INFORM THE PARTIES ACCORDINGLY. ORDER PRONOUNCED IN THE OPEN COURT ON 27TH NOV ., 201 8 . SD/ - ( N.V. VASUDEVAN ) VICE PRESIDENT SD/ - ( JASON P BOAZ ) ACCOUNTANT MEMBER BANGALORE, DT. 27 . 11 .2018. *REDDY GP COPY TO : 1 APPELLANT 4 CIT(A) 2 RESPONDENT 5 DR. ITAT, BANGALORE 3 CIT 6 GUARD FILE ASST. REGISTRAR INCOME TAX APPELLATE TRIBUNAL BANGALORE.