Deputy Commissioner of Income tax, Bangalore V. M/s.McML Systems Pvt. Ltd., Bangalore

ITA 2123/BANG/2016

• Counselvise Citation: [2019] 115 COUNSELVISE.COM (IT) 4103 (ITAT-BANGALORE)
• Duration Of Justice: 2 year(s) 3 month(s) 8 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 13-03-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2007-2008
• Appeal Filed On: 05-12-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: K N DHANDAPANI
• Assessee Lawyers: K R VASUDEVAN
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL BANGALORE BENCH C BEFORE SHRI N.V. VASUDEVAN, VICE PRESIDENT AND SHRI JASON P BOAZ, ACCOUNTANT MEMBER I.T.A. NO.2123/BANG/2016 (ASSESSMENT YEAR : 2007-08) DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 4(1)(2), ROOM NO. 230, 2 ND FLOOR, BMTC BUILDING, 80 FEET ROAD, 6 TH BLOCK, KORAMANGALA, BANGALORE-560 095. . APPELLANT. VS. M/S. MCML SYSTEMS PVT. LTD., NO.C-9, KSSIDC INDUSTRIAL ESTATE, YELAHANKA, BANGALORE-560 064. .. RESPONDENT. PAN : AACCM 1613 N C.O. NO.46/BANG/2017 (ASSESSMENT YEAR : 2007-08) M/S. MCML SYSTEMS PVT. LTD., BANGALORE-560 064. PAN : AACCM 1613 N . APPELLANT. VS. ASST. COMMISSIONER OF INCOME TAX, CIRCLE -12(1), BANGALORE. .. RESPONDENT. REVENUE BY : SHRI. K. N. DHANDAPANI, JCIT ASSESSEE BY : SHRI K. R. VASUDEVAN , ADVOCATE. DATE OF HEARING : 7.2.2019. DATE OF PRONOUNCEMENT : 13.03.2019. 2 ITA NO. 2123/BANG/2016 C.O. NO.46/BANG/2017 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)-III, BANGALORE DT.16.12.2010 FOR ASSESSMENT YEAR 2007-08. THE ASSESSEE HAS FIELD CROSS OBJECTIONS W.R.T. REVENUES APPEAL. 2. THE 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 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 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 . ASSESSEES CROSS OBJECTIONS IN C.O. NO.46/BANG/2016 3. IN VIEW OF OUR ORDER (SUPRA) DISMISSING REVENUES APPEAL FOR ASSESSMENT YEAR 2007-08 IN LIMINE AND OBSERVING THAT THE ASSESSEES 3 ITA NO. 2123/BANG/2016 C.O. NO.46/BANG/2017 CROSS OBJECTIONS (C.O.) SUPPORT THE IMPUGNED ORDER OF THE CIT(A) DATED 16.12.2010 FOR ASSESSMENT YEAR 2007-08, THE ASSESSEES C.O. IS RENDERED INFRUCTUOUS AND IS ACCORDINGLY DISMISSED. 4. IN THE RESULT, BOTH REVENUES APPEAL FOR ASSESSMENT YEAR 2007-08 AND ASSESSEES CROSS OBJECTIONS ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 13 TH MARCH, 2019. SD/- (N.V. VASUDEVAN) VICE PRESIDENT SD/- (JASON P BOAZ) ACCOUNTANT MEMBER BANGALORE, DATED : 13.03.2019. /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.