Deputy Commissioner of Income Tax Circle-6(1)(2), Bangalore V. M/s Syscon Instruments Pvt Ltd , Bangalore

ITA 482/BANG/2019

• Counselvise Citation: [2019] 112 COUNSELVISE.COM (IT) 0645 (ITAT-BANGALORE)
• Duration Of Justice: 9 month(s) 8 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 19-12-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2012-2013
• Appeal Filed On: 11-03-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: MANJEET SINGH CIT BENGALURU
• Assessee Lawyers: S V RAVISHANKAR
• Keywords: Tax effect
• Section: 13

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH : BANGALORE BEFORE SHRI A. K. GARODIA, ACCOUNTANT MEMBER AND SMT. BEENA PILLAI, JUDICIAL MEMBER ITA NO. 482 /BANG/201 9 ASSESSMENT YEAR : 20 12 - 13 DY. COMMISSIONER OF INCOME TAX, CIRCLE 6(1) (2), ROOM NO. 238, 2 ND FLOOR, BMTC BUILDING, 80 FEET ROAD, KORAMANGALA, BANGALORE 560 095. VS. M/S. SYSCON INSTRUMENTS PVT. LTD., PLOT NO. 66, KEONICS, HOSUR RAOD, ELECTRONIC CITY, BANGALORE 560 100. PAN : AAECS8483N APPELLANT RESPONDENT REVENUE BY : SHRI. MANJEET SINGH , ADDL. CIT (DR)(ITAT), BENGALURU ASSESSEE BY : SHRI. S. V. RAVISHANKAR , ADVOCATE DATE OF H EARING : 19 .1 2 .2019 DATE OF PRONOUNCEMENT : 19 .12.2019 O R D E R PER BEENA PILLAI, JUDICIAL MEMBER THIS APPEAL IS FILED BY THE REVENUE AND THE SAME IS DIRECTED AGAINST THE ORDER OF THE CIT(A)-11, BENGALURU, DATED 17.12.2018 FOR ASSESSMENT YEAR 2012-13. 2 . THE LEARNED DEPARTMENTAL REPRESENTATIVE FOR REVENUE SUBMITTED THAT IN THIS APPEAL, THE TAX EFFECT PERTAINING TO THE AMOUNT DISPUTED BY THE REVENUE IS LESS THAN THE MONETARY LIMIT OF ITA NO. 482/BANG/2019 PAGE 2 OF 2 RS.50 LAKHS FIXED BY THE CBDT IN CIRCULAR NO.17/2019, DT.08.08.2019, WHICH IS IN SUPERSESSION OF ITS CIRCULAR NO.03/2018 DT.11.07.2018 AND AMENDMENT DATED 20.08.2018, 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, REVENUES APPEAL FOR ASSESSMENT YEAR 2012-13 IS DISMISSED. REGISTRY IS DIRECTED TO INFORM THE PARTIES ACCORDINGLY. PRONOUNCED IN THE OPEN COURT ON THE DATE MENTIONED ON THE CAPTION PAGE SD/- SD/- (A. K. GARODIA) (BEENA PILLAI) ACCOUNTANT MEMBER JUDICIAL MEMBER BANGALORE. DATED: 19 TH DECEMBER, 2019. / MK / COPY TO: 1. APPELLANTS 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR, ITAT, BANGALORE. 6. GUARD FILE BY ORDER ASSISTANT REGISTRAR, ITAT, BANGALORE.