M/s Brady Company India Pvt Ltd , Bangalore V. Assistant Commissioner of Income Tax Circle-1(1)(2), Bangalore

ITA 3128/BANG/2018

• Counselvise Citation: [2020] 111 COUNSELVISE.COM (IT) 5353 (ITAT-BANGALORE)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 18-02-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Next Hearing Date: 05-02-2020
• Assessment Year: 2012-2013
• Appeal Filed On: 22-11-2018
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH : BANGALORE BEFORE SHRI B.R BASKARAN, ACCOUNTANT MEMBER AND SHRI PAVAN KUMAR GADALE, JUDICIAL MEMBER ITA NO.3128/BANG/2018 ASSESSMENT YEAR : 2012-13 M/S BRADY COMPANY INDIA PVT. LTD., NO.26P, SURVEY NO.41, KONAPPANA AGRAHARA, BEGUR HOBLI, ELECTRONIC CITY, PHASE-2, BENGALURU-560 100. PAN AACCB 8163 A VS. THE ASST. COMMISSIONER OF INCOME-TAX, CIRCLE-1(1)(2), BENGALURU. APPELLANT RESPONDENT ITA NO.3380/BANG/2018 ASSESSMENT YEAR : 2012-13 THE DY. COMMISSIONER OF INCOME-TAX, CIRCLE-1(1)(2), BENGALURU. VS. M/S BRADY COMPANY INDIA PVT. LTD., NO.76, 77 & 78, 2 ND FLOOR, CYBER PARK, ELECTRONICS CITY, PHASE-1, DODDATHOGUR, HOSUR ROAD, BENGALURU-560 100. PAN AACCB 8163 A APPELLANT RESPONDENT ITA NO.3128 &3380 /BANG/2017 CO NO.1/BANG/2019 PAGE 2 OF 5 CO NO.01/BANG/2019 ASSESSMENT YEAR : 2012-13 M/S BRADY COMPANY INDIA PVT. LTD., NO.26P, SURVEY NO.41, KONAPPANA AGRAHARA, BEGUR HOBLI, ELECTRONIC CITY, PHASE-2, BENGALURU-560 100. PAN AACCB 8163 A VS. THE DY. COMMISSIONER OF INCOME-TAX, CIRCLE-1(1)(2), BENGALURU. APPELLANT RESPONDENT ASSESSEE BY : SHRI CHAVALI NARAYAN C.A & SMT. VIDYA, ADVOCATE REVENUE BY : SHRI PRADDEP KUMAR, CIT & SMT. R PREMI, JCIT (DR) DATE OF HEARING : 05.02.2020 DATE OF PRONOUNCEMENT : 18.02.2020 O R D E R PER BENCH : THE CROSS APPEALS FILED BY THE PARTIES AND THE CROS S-OBJECTION FILED BY THE ASSESSEE ARE DIRECTED AGAINST THE ORDE R PASSED BY LD CIT(A)-1, BENGALURU, FOR ASST. YEAR 2012-13. 2. AT THE TIME OF HEARING THE LD DR SUBMITTED THAT THE TAX EFFECT INVOLVED IN THE ISSUES CONTESTED BY THE REVENUE IS LESS THAN 50 LAKHS. ACCORDINGLY IT WAS SUBMITTED THAT THE REVENU E IS PRECLUDED FROM PURSUING THIS APPEAL AS PER CIRCULAR NO.17/201 9 DATED ITA NO.3128 &3380 /BANG/2017 CO NO.1/BANG/2019 PAGE 3 OF 5 8/8/2019 ISSUED BY CENTRAL BOARD OF DIRECT TAXES, W HICH HAS BEEN CLARIFIED BY CBDT AS APPLICABLE TO ALL PENDING APPE ALS, VIDE ITS INSTRUCTION DATED 20/8/2019. 3. SINCE IT IS STATED THAT THE APPEAL OF REVENU E SHALL BE HIT BY THE MONETARY LIMITS PRESCRIBED BY THE CBDT IN ITS CIRCU LAR, REFERRED ABOVE, FOR PREFERRING APPEALS BEFORE THE TRIBUNAL, WE DISMISS THE APPEAL OF THE REVENUE IN LIMINE. HOWEVER LIBERTY IS GIVEN TO THE REVENUE TO MOVE APPLICATION FOR RECALL OF THE ORDER , 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 ISSUE S CONTESTED THEREIN FALL IN THE CATEGORY OF EXCEPTIONS PRESCRI BED BY THE CBDT CIRCULAR. 4. THE LD A.R APPEARING FOR THE ASSESSEE SUBMITTED THAT IN THE EVENT THAT THE DEPARTMENT APPEAL IS DISMISSED ON AC COUNT OF TAX EFFECT, THE ASSESSEE SHALL WITHDRAW ITS APPEAL AND CROSS-OBJECTION. THE ASSESSEE ALSO MOVED A LETTER DATED 5 TH FEB, 2020 IN THIS REGARD. 5. SINCE WE HAVE HELD THAT THE REVENUE APPEAL IS NO T MAINTAINABLE IN VIEW OF THE CBDT CIRCULAR REFERRED ABOVE, WE DISMISS THE APPEAL OF THE REVENUE IN LIMINE. ACCOR DINGLY THE APPEAL AND THE CROSS-OBJECTION FILED BY THE ASSESSEE ARE D ISMISSED AS NOT PRESSED. ITA NO.3128 &3380 /BANG/2017 CO NO.1/BANG/2019 PAGE 4 OF 5 6. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISM ISSED IN LIMINE AND THE APPEAL AND CROSS-OBJECTION OF THE ASSESSEE IS DISMISSED AS NOT PRESSED. ORDER PRONOUNCED IN THE OPEN COURT ON 18 TH FEBRUARY, 2020. SD/ - (PAVAN KUMAR GADALE) JUDICIAL MEMBER SD/ - (B.R BASKARAN) ACCOUNTANT MEMBER BANGALORE, DATED, THE 18 TH FEBRUARY, 2020. /VMS/ COPY TO: 1. APPELLANT (S) / CROSS OBJECTOR(S) 2. RESPONDENT(S) 3. CIT 4. CIT(A) 5. DR, ITAT, BANGALORE. 6. GUARD FILE BY ORDER ASST. REGISTRAR ITAT, BANGALORE ITA NO.3128 &3380 /BANG/2017 CO NO.1/BANG/2019 PAGE 5 OF 5 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. DICTATION NOTE ENCLOSED 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. . 14. DICTATION NOTE ENCLOSED