DCIT CR 7 (1)(2), Bangalore V. VWR Lab Products Pvt. Ltd., Bangalore

ITA 225/BANG/2015

• Counselvise Citation: [2018] 122 COUNSELVISE.COM (IT) 4043 (ITAT-BANGALORE)
• Duration Of Justice: 3 year(s) 7 month(s) 14 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 10-10-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 10-08-2017
• Assessment Year: 2010-2011
• Appeal Filed On: 25-02-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: C H SUNDAR RAO
• Assessee Lawyers: MANJU PRASAD
• Keywords: Tax effect
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH, B ENGALURU BEFORE S HRI SUNIL KUMAR YADAV, JUDICIAL MEMBER AND SHRI INTURI RAMA RAO, ACCOUNTANT MEMBER I T (TP) A NO. 225 / BANG/2 0 1 5 (ASSESSMENT YEAR: 2010 - 11 ) DEPUTY COMMISSIONER OF INCOME - TAX , CIRCLE 7(1)(2), BENGALURU. VS. APPELLANT M/S.VWR LAB PRODUCTS PVT. LTD. 2 ND FLOOR, FRONT WING, BRIGADE TOWERS, NO.135/12, BRIGADE ROAD, BENGALURU - 560 025. PAN:AACCV 3080 E RESPONDENT APPELLANT BY : SHRI C.H.SUNDAR RAO, CIT. RESPONDENT BY : SHR I MANJU PRASAD, ADVOCATE. DATE OF HEARING : 10/10/2018 DATE OF PRONOUNCEMENT : 10 /10/2018 O R D E R PER I NTURI RAMA RAO, AM : THE INSTANT APPEAL IS DIRECTED AGAINST THE ASSESSMENT ORDER DATED 27/01/2015 PASSED U/S 143(3) R.W.S. 144C(13) OF THE I NCOME - TAX ACT, 1961 [HEREINAFTER REFERRED TO AS 'THE ACT' FOR SHORT] FOR THE ASSESSMENT YEAR 2005 - 06 2. IT IS STATED BEFORE US THAT THE TAX EFFECT IN THIS CASE IS LESS THAN RS. 20 LAKHS AND THEREFORE THE CIRCULAR NO. 3/2018 DATED 11 / 07 / 2018 ISSUED BY THE CENTRAL BOARD OF DIRECT TAXES (CBDT) IN EXERCISE OF ITS POWER VESTED UNDER SEC. 268A(1) OF THE ACT COMES INTO PLAY WHEREIN, THE MONETARY LIMIT FOR FILING THE APPEALS BY THE REVENUE BEFORE THE ITAT AND VARIOUS HIGH COURTS AS WELL AS APEX COURT ARE REVISED W ITH AN OBJECT OF REDUCING THE TAX LITIGATION. VIDE PARA 3 OF THE SAID CIRCULAR (SUPRA) IT IS STATED THAT IN CASES WHERE THE TAX EFFECT IN THE APPEALS TO BE FILED BEFORE THE APPELLATE TRIBUNAL IT (TP) A NO . 225 /BANG/20 15 PAGE 2 OF 2 DOES NOT EXCEED RS. 20 LAKHS , APPEALS SHOULD NOT BE FILED. THUS TAKING NOTE OF CBDT CIRCULAR NO. 03/2018, DATED 11 / 07 / 2018 AND CONSIDERING THE FACT THAT THE TAX EFFECT IN THE INSTANT APPEAL IS LESS THAN RS. 20 LAKHS, THE PRESENT APPEAL DESERVES TO BE DISMISSED AS NOT PRESSED/NOT MAINTAINABLE. HOWEVER, WE MAKE IT CLEAR THAT THE ISSUES RAISED IN THE INSTANT APPEAL ARE LEFT OPEN TO BE EXAMINED IN THE APPROPRIATE PROCEEDINGS, IF ARISE, IN FUTURE. AT THE SAME TIME WE ALSO MAKE IT CLEAR THAT IF THE APPEAL FALL IN ANY OF THE EXCEPTIONS REFERRED TO IN THE ABOVE SAID CBDT CIRCU LAR, THE REVENUE IS AT LIBERTY TO MOVE AN APPLICATION FOR RECALLING THE ORDER IF SO ADVISED. 2. ACCORDINGLY, IN THE LIGHT OF CBDT CIRCULAR NO.03/2018 DATED 11/07/2018 THE APPEAL STANDS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 10 TH OCT OBER , 2018 SD/ - SD/ - ( SUNIL KUMAR YADAV ) (INTURI RAMA RAO) JUDICIAL MEMBER ACCOUNTANT MEMBER PLACE : BENGALURU. D A T E D : 10 / 10 /201 8 SRINIVASUL U, SPS COPY TO : 1 APPELLANT 2 RESPONDENT 3 CIT(A) 4 CIT 5 DR, ITAT, BANGALORE. 6 GUARD FILE BY ORDER ASSISTANT REGISTRAR INCOME - TAX APPELLATE TRIBUNAL BANGALORE