Deputy Commissioner Income Tax Circle-7(1)(1), Bangalore V. M/s TMS India Pvt Ltd , Bangalore

ITA 298/BANG/2017

• Counselvise Citation: [2018] 119 COUNSELVISE.COM (IT) 4307 (ITAT-BANGALORE)
• Duration Of Justice: 1 year(s) 8 month(s) 21 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 31-10-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2010-2011
• Appeal Filed On: 09-02-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SREENANDINI DAS ADD
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH : BANGALORE BEFORE SHRI. N. V. VASUDEVAN, VICE PRESIDENT AND SHRI. INTURI RAMA RAO, ACCOUNTANT MEMBER ITA NO . 298 /BANG/2017 ASSESSMENT YEAR : 201 0 - 1 1 DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-7(1)(1), BANGALORE VS. M/S. TMS INDIA PVT. LTD., NO. 3 ASHWINI, NO. 160, 4 TH MAIN, INDIRANAGAR, BANGALORE 560008. PAN : AAACT 9124 B APPELLANT RESPONDENT REVENUE BY : SMT. SREENANDINI DAS, ADD. CIT ASSESSEE BY : NONE DATE OF HEARING : 30 . 10 .201 8 DATE OF PRONOUNCEMENT : 31 . 10 .201 8 O R D E R PER INTURI RAMA RAO, ACCOUNTANT MEMBER THE INSTANT APPEAL IS DIRECTED AGAINST THE ORDER OF THE LEARNED COMMISSIONER OF INCOME-TAX (APPEALS)-7, BENGALURU, DATED 18.11.2016 FOR THE ASSESSMENT YEAR 2010-11. 2. IT IS STATED BEFORE US THAT THE TAX EFFECT IN THIS CASE IS LESS THAN RS.20 LAKHS AND THEREFORE THE CIRCULAR NO.03/2018 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 INCOME-TAX ACT COMES INTO PLAY WHEREIN, THE MONETARY LIMIT FOR FILING THE APPEALS BY THE REVENUE BEFORE ITA NO. 298/BANG/2017 PAGE 2 OF 3 THE ITAT AND VARIOUS HIGH COURTS AS WELL AS APEX COURT ARE REVISED WITH 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 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 FALLS IN ANY OF THE EXCEPTIONS REFERRED TO IN THE ABOVE SAID CBDT CIRCULAR, THE REVENUE IS AT LIBERTY TO MOVE AN APPLICATION FOR RECALLING THE ORDER, IF SO ADVISED. 3. ACCORDINGLY, IN THE LIGHT OF CBDT CIRCULAR NO. 03.2018 DATED 11.07.2018 THE APPEAL STANDS DISMISSED. PRONOUNCED IN THE OPEN COURT ON THIS 31 ST DAY OF OCTOBER, 2018. SD/- SD/- ( N. V. VASUDEVAN ) (INTURI RAMA RAO) VICE PRESIDENT ACCOUNTANT MEMBER BANGALORE. DATED: 31 ST OCTOBER, 2018. /NS/* ITA NO. 298/BANG/2017 PAGE 3 OF 3 COPY TO: 1. APPELLANTS 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR, ITAT, BANGALORE. 6. GUARD FILE BY ORDER ASSISTANT REGISTRAR, ITAT, BANGALORE.