Assistant Commissioner of Income-Tax, Bangalore V. M/s. Natural Remedies Pvt Ltd., Bangalore

ITA 2317/BANG/2016

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 3471 (ITAT-BANGALORE)
• Duration Of Justice: 1 year(s) 7 month(s) 27 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-08-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2012-2013
• Appeal Filed On: 27-12-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH, B ENGALURU BEFORE SHRI JASON P BOAZ , ACCOUNTANT MEMBER AND SHRI LALIET KUMAR, JUDICIAL MEMBER I TA NO S . 2317 / BANG/2 0 1 6 (ASSESSMENT YEAR: 2012 - 13 ) AND ITA NO.2832/BANG/2017 (ASSESSMENT YEAR: 2013 - 14) ASSIS TANT COMMISSIONER OF INCOME - TAX , CIRCLE 5(1)(1), BENGALURU. VS. APPELLANT M/S. NATURAL REM EDIES PVT. LTD., PLOT NO.5B, VEERASANDRA INDUSTRIAL AREA, 19 TH KM STONE, HOSUR ROAD, ELECTRONIC CITY, BENGALURU - 560 010. PAN: AAACN 6990 M RE SPONDENT APPELLANT BY : SHRI R.N.SIDDAPPAJI, ADDL.CIT(DR) RESPONDENT BY : SHRI SANDEEP, CA. DATE OF HEARING : 23/08/2018 DATE OF PRONOUNCEMENT : 23 /08/2018 O R D E R PER BENCH : THESE TWO APPEALS AT THE INSTANCE OF THE REVENUE ARE DIRECT ED AGAINST THE IMPUGNED ORDERS DATED 28/09/2016 AND 16/08/2017 PASSED BY THE COMMISSI ONER OF INCOME - TAX (APPEALS) - 5, BENGALURU, FOR ASSESSMENT YEARS 2012 - 13 AND 2013 - 14 RESPECTIVELY . 2. IN BOTH THE APPEALS, 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, DATED ITA NO S . 2317 /B/20 16 & 2832/B/2017 PAGE 2 OF 2 11/07/2018, WHICH IS IN SUPERSESSION OF ITS CIRCULAR NO.21/2015 DATED 10/12/2015, IN RELATION TO FILING OF APPEALS BEFORE THE INCOME - TAX APPELLAT E 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 APPEALS FILED BY THE REVENUE ARE NOT MAINTAINABLE AND LIABLE TO BE DIS MISSED IN LIMINE. 3. IN THE RESULT, BOTH APPEALS OF THE REVENUE FOR ASSESSMENT YEAR 2012 - 13 AND 2013 - 14 ARE DISMISSED. REGISTRY IS DIRECTED TO INFORM THE PARTIES ACCORDINGLY. ORDER PRONOUNCED IN THE OPEN COURT ON 23 RD AUGUST, 2018 SD/ - SD/ - ( LALIET KUMAR ) ( JASON P BO AZ ) JUDICIAL MEMBER ACCOUNTANT MEMBER PLACE : BENGALURU. D A T E D : 23 / 0 8 /201 8 SRINIVASULU, SPS COPY TO : 1 APPELLANT 2 RESPONDENT 3 CIT(A) 4 CIT 5 DR, ITAT, BANGALORE. 6 GUARD FILE BY ORDER SENIOR PRIVATE SECRETARY INCOME - TAX APPELLATE TRIBUNAL BANGALORE