Assistant Commissioner Of Income Tax, Circle-4(1)(2), Bengaluru V. M/s. M & G Impex (India) Private Limited, Bangalore

ITA 2199/BANG/2019

• Counselvise Citation: [2020] 111 COUNSELVISE.COM (IT) 6024 (ITAT-BANGALORE)
• Duration Of Justice: 4 month(s) 4 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 14-02-2020
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2014-2015
• Appeal Filed On: 10-10-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: BALAKRISHNAN N CIT BENGALURU
• Assessee Lawyers: R K GANERIWALA
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL BANGALORE BENCH C BEFORE SHRI A. K. GARODIA, ACCOUNTANT MEMBER AND SHRI PAVAN KUMAR GADALE, JUDICIAL MEMBER I.T.A. NO.2199/BANG/2019 (ASSESSMENT YEAR : 2014-15) ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE 4(1)(2), BENGALURU. . APPELLANT. VS. M/S. M & G IMPLEX (INDIA) PVT. LTD., 303, KALPAK ARCADE, 19, CHURCH STREET, BENGALURU 560 001. PAN : AABCM 1343 G .. RESPONDENT. APPELLANT BY : SHRI BALAKRISHNAN N , ADDL.CIT (DR)(ITAT), BENGALURU. RESPONDENT BY : SHRI. R. K. GANERIWALA, CA DATE OF HEARING : 1 6.01.2020. DATE OF PRONOUNCEMENT : 14 .02.2020. O R D E R PER A. K. GARODIA, A.M. : THIS APPEAL AT THE INSTANCE OF THE REVENUE IS DIRECTED AGAINST THE ORDER PASSED BY THE COMMISSIONER OF INCOME TAX (APPEALS)-4, BENGALURU, DT.02.07.2019 FOR ASSESSMENT YEAR 2014-15. 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 2 ITA NO. 2199/BANG/2019 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 AMENDMENT DATED 20.08.2018, 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 . 3. IN THE RESULT, REVENUES APPEAL FOR ASSESSMENT YEAR 2014-15 IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON FEBRUARY, 2020. SD/- (PAVAN KUMAR GADALE) J U D I C I AL MEMBER SD/- SD/- (A. K. GARODIA) A CC OUNT ANT MEMBER BANGALORE, DT. 14.02.2020. *NS 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.