Deputy Commiissioner of Income TAx Circle-4(1)(1), Bangalore V. M/s Krishna Fabrications Pvt Ltd , Bangalore

ITA 2513/BANG/2017

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 6696 (ITAT-BANGALORE)
• Duration Of Justice: 1 year(s) 5 month(s) 8 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 06-05-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2013-2014
• Appeal Filed On: 28-11-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: A RAMESH KUMAR
• 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. NOS.2513 AND 2514/BANG/2017 (ASSESSMENT YEARS : 2013-14 AND 2014-15) DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE - 4(1)(1), BANGALORE. . APPELLANT. VS. M/S. KRISHNA FABRICATIONS PVT. LTD., #409, 12 TH MAIN ROAD, RAJMAHAL VILAS EXTENSION, BANGALORE-560 04 .. RESPONDENT. APPELLANT BY : SHRI SACHIN MEHTA, CA REVENUE BY : SHRI A. RAMESH KUMAR, JCIT DATE OF HEARING :06.05.2019. DATE OF PRONOUNCEMENT : 06.05.2019. O R D E R PER BENCH : THESE APPEALS AT THE INSTANCE OF THE REVENUE ARE DIRECTED AGAINST THE SEPARATE ORDERS PASSED BY THE COMMISSIONER OF INCOME TAX (APPEALS)-4, BANGALORE DT.31.08.2017 FOR ASSESSMENT YEARS 2013-14 AND 2014-15. 2. THE LEARNED DEPARTMENTAL REPRESENTATIVE FOR REVENUE SUBMITS THAT IN THESE APPEALS, THE TAX EFFECT PERTAINING TO THE AMOUNT DISPUTED BY 2 ITA NO. NOS.2513 AND 2514/BANG/2017 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 APPEALS FILED BY THE REVENUE ARE NOT MAINTAINABLE AND LIABLE TO BE DISMISSED IN LIMINE . 3. IN THE RESULT, THE ABOVE APPEALS OF THE REVENUE FOR ASSESSMENT YEARS 2013-14 AND 2014-15 ARE DISMISSED. REGISTRY IS DIRECTED TO INFORM THE PARTIES ACCORDINGLY. ORDER PRONOUNCED IN THE OPEN COURT ON 6 TH MAY, 2018. SD/- (N.V. VASUDEVAN) VICE PRESIDENT SD/- (JASON P BOAZ) ACCOUNTANT MEMBER BANGALORE, DT. 06.05.2019. *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.