DCIT, Bangalore V. M/s EF Information Systems Pvt. Ltd., Bangalore

ITA 274/BANG/2016

• Counselvise Citation: [2020] 111 COUNSELVISE.COM (IT) 9290 (ITAT-BANGALORE)
• Duration Of Justice: 3 year(s) 10 month(s) 13 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 10-01-2020
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 08-01-2020
• Assessment Year: 2011-2012
• Appeal Filed On: 26-02-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: MUZAFFAR HUSSAIN
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH : BANGALORE BEFORE SHRI N.V VASUDEVAN, VICE PRESIDNET AND SHRI B.R BASKARAN, ACCOUNTANT MEMBER IT(TP)A NO.274/BANG/2016 ASSESSMENT YEAR : 2011-12 THE DY. COMMISSIONER OF INCOME-TAX, CIRCLE-2(1)(2), BENGALUR. VS. M/S EF INFORMATION SYSTEMS PVT. LTD., NO.9, 3 RD FLOOR, SALARPURIA CAMBRIDGE MALL, CAMBRIDGE LAYOUT, BENGALURU-560 008. PAN AACCE 0126 G APPELLANT RESPONDENT ASSESSEE BY : SHRI MUZAFFAR HUSSAIN, CIT (DR) REVENUE BY : SHRI KANCHAN KOUSHAL, C.A DATE OF HEARING : 08.01.2020 DATE OF PRONOUNCEMENT : 10.01.2020 O R D E R PER B.R BASKARAN,ACCOUNTANT MEMBER THE APPEAL FILED BY THE REVENUE IS DIRECTED AGAINST THE ORDER PASSED BY THE LD DRP-1, BENGALURU DATED 4/11/2015 A ND IT RELATE TO THE ASST. YEAR 2011-12. 2. AT THE OUTSET, THE LD COUNSEL APPEARING FOR THE REVENUE SUBMITTED THAT THE TAX EFFECT INVOLVED IN THE ISSUE CONTESTED BY THE REVENUE DOES NOT EXCEED 50 LAKHS IN THIS APPEAL. ACCORDINGLY IT WAS SUBMITTED THAT THE REVENUE IS PRECLUDED FROM PU RSUING THIS APPEAL AS PER CIRCULAR NO.17/2019 DATED 8/8/2019 IS SUED BY CENTRAL BOARD OF DIRECT TAXES, WHICH HAS BEEN CLARI FIED BY CBDT AS IT(TP)A NO.274/BANG/2016 PAGE 2 OF 3 APPLICABLE TO ALL PENDING APPEALS, VIDE ITS INSTRUC TION DATED 20/8/2019. ACCORDINGLY, THE LD A.RS SUBMITTED THAT THIS APPEAL IS REQUIRED TO BE DISMISSED IN LIMINE. 3. ACCORDINGLY WE DISMISS THE APPEAL OF THE REV ENUE IN LIMINE. HOWEVER LIBERTY IS GIVEN TO THE REVENUE TO MOVE AP PLICATION FOR RECALL OF THE ORDER(S), IF IT IS FOUND THAT THE TAX EFFECT INVOLVED ON THE ISSUES DISPUTED IN THE APPEAL IS MORE THAN 50 LAKHS OR IF IT IS FOUND THAT THE ISSUES CONTESTED THEREIN FALL IN THE CATEG ORY OF EXCEPTIONS PRESCRIBED BY THE CBDT CIRCULAR. 4. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 10 TH JANUARY, 2020. SD/- SD/- ( N.V VASUDEVAN ) VICE PRESIDENT (B.R B ASKARAN ) ACCOUNTANT MEMBER BANGALORE, DATED, 10 TH JANUARY , 2019. / VMS / COPY TO: 1. THE APPLICANT 2. THE RESPONDENT 3. THE CIT 4. THE CIT(A) 5. THE DR, ITAT, BANGALORE. 6. GUARD FILE BY ORDER ASST. REGISTRAR, ITAT, BANGALORE IT(TP)A NO.274/BANG/2016 PAGE 3 OF 3 1. DATE OF DICTATION 2. DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER . 3. DATE ON WHICH THE APPROVED DRAFT COMES TO SR.P.S .. 4. DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE DICTATING MEMBER .. 5. DATE ON WHICH THE FAIR ORDER COMES BACK TO THE S R. P.S. .. 6. DATE OF UPLOADING THE ORDER ON WEBSITE.. 7. IF NOT UPLOADED, FURNISH THE REASON FOR DOING SO .. 8. DATE ON WHICH THE FILE GOES TO THE BENCH CLERK .. 9. DATE ON WHICH ORDER GOES FOR XEROX & ENDORSEMENT 10. DATE ON WHICH THE FILE GOES TO THE HEAD CLERK . 11. THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT REGISTRAR FOR SIGNATURE ON THE ORDER . 12. THE DATE ON WHICH THE FILE GOES TO DISPATCH SEC TION FOR DISPATCH OF THE TRIBUNAL ORDER . 13. DATE OF DESPATCH OF ORDER. ..