DCIT, Bangalore V. KirloskarToyota Textile Machinery Pvt. Ltd., Bangalore

ITA 305/BANG/2015

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 7787 (ITAT-BANGALORE)
• Duration Of Justice: 4 year(s) 1 month(s) 21 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 24-04-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 23-08-2017
• Assessment Year: 2009-2010
• Appeal Filed On: 05-03-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: L V BHASKAR REDDY
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL BANGALORE BENCH A BEFORE SHRI JASON P BOAZ, ACCOUNTANT MEMBER AND SHRI LALIET KUMAR, JUDICIAL MEMBER IT(TP)A NO.305/BANG/2015 (ASSESSMENT YEAR : 2009-10) DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE - 7(1)(1), BANGALORE. . APPELLANT. VS. M/S. TOYOTA INDUSTRIES ENGINE INDIA PVT. LTD., PLOT NO.10-13, 2 ND PHASE, JIGANI INDUSTRIAL AREA, JIGANI, ANEKAL TALUK, BANGALORE-560 105 .. RESPONDENT. APPELLANT BY : SHRI L. V. BHASKAR REDDY, ADDL. CIT (D.R) R E SPONDENT BY : SHRI VED JAIN, CA . DATE OF HEARING : 04.04.2019. DATE OF PRONOUNCEMENT : 24.04.2019. O R D E R PER SHRI JASON P BOAZ, A.M. : THIS APPEAL AT THE INSTANCE OF THE REVENUE IS DIRECTED AGAINST THE ORDER PASSED BY THE COMMISSIONER OF INCOME TAX (APPEALS)-4, BANGALORE DT. 19.12.2014 FOR ASSESSMENT YEAR 2009-10. 2 IT(TP)A NO.305/BANG/2015 2. THE LEARNED DEPARTMENTAL REPRESENTATIVE FOR REVENUE SUBMITS THAT IN THIS APPEAL, THE TAX EFFECT PERTAINING TO THE AMOUNT DISPUTED BY THE REVENUE (I.E., RS.36,63,629/- AS PER AOS ORDER DATED 16.03.2017 GIVING EFFECT TO CIT(A)S IMPUGNED ORDER) 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 APPEAL FILED BY THE REVENUE IS NOT MAINTAINABLE AND LIABLE TO BE DISMISSED IN LIMINE . 3. IN THE RESULT, THE ABOVE APPEAL OF THE REVENUE FOR ASSESSMENT YEAR 2009-10 IS DISMISSED. REGISTRY IS DIRECTED TO INFORM THE PARTIES ACCORDINGLY. ORDER PRONOUNCED IN THE OPEN COURT ON 24 TH APRIL, 2019. SD/- SD/- (LALIET KUMAR) JUDICIAL MEMBER (JASON P BOAZ) ACCOUNTANT MEMBER BANGALORE, DT. 24.04.2019. *NS 3 IT(TP)A NO.305/BANG/2015 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.