The ITO, Kochi V. M/s.Spectrum Soft Tech Solutions P. Ltd, Kochi

ITA 509/COCH/2018

• Counselvise Citation: [2019] 118 COUNSELVISE.COM (IT) 1107 (ITAT-COCHIN)
• Duration Of Justice: 4 month(s) 20 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 21-03-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 21-03-2019
• Assessment Year: 2012-2013
• Appeal Filed On: 01-11-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: BINDHU A S
• Assessee Lawyers: REJINARK
• Keywords: Tax effect
• Section: 2

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL COCHIN BENCH, COCHIN BEFORE SHRI CHANDRA POOJARI, AM & SHRI GEORGE GEORGE K, JM ITA NO S . 509&510 /COCH/201 8 : ASST.YEAR S : 201 2 - 13 & 2015 - 16 THE INCOME TAX OFFICER, CORPORATE WARD - 2(1), KOCHI. VS. M/S. SPECTRUM SOFT TECH SOLUTIONS P VT. LTD., M AHAKAVI G . ROAD, KARAKKAMURI, KOCHI - 682 011. ( REVENUE - APPELLANT) ( ASSESSEE - RESPONDENT) REVENUE BY : SMT. BINDHU A.S. , SR. DR ASSESSEE BY : S H RI REJINARK, ADV. DATE OF HEARING : 2 1 /0 3 /2019 DATE OF PRONOUNCEMENT : 2 1 /0 3 /2019 O R D E R PER BENCH: TH ESE APPEAL S FILED BY THE REVENUE ARE DIRECTED AGAINST THE ORDER OF THE COMMISSIONER OF INCOME - TAX (APPEALS) - I , KOCHI DATED 14/08/2018 AND PERTAIN TO THE ASSESSMENT YEAR S 2012 - 13 & 2015 - 16. 2. AT THE TIME OF HEARING, BOTH THE PARTIES STATED THAT THE TAX EFFECT IN TH ESE APPEAL S WERE LESS THAN RS. 20 LAKHS AND THEREFORE , CIRCULAR NO. 3/2018 DATED 11.07.2018 ISSUED BY THE CENTRAL BOARD OF DIRECT TAXES (CBDT) IN EXERCISE OF ITS POWER VESTED UNDER SE C. 268A(1) OF THE I.T. ACT WOULD COME INTO PLAY, WHEREIN, THE MONETARY LIMIT FOR FILING THE APPEALS BY THE REVENUE BEFORE THE ITAT AND VARIOUS HIGH COURTS AS WELL AS APEX COURT WERE 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 APPEAL TO BE FILED BEFORE THE APPELLATE ITA NO. 509&510 / COCH /201 8 . 2 TRIBUNAL DOES NOT EXCEED RS. 20 LAKHS, APPEAL SHOULD NOT BE FILED. THUS, TAKING NOTE OF CBDT CIRCULAR NO. 03/2018 DATED 11.07.2018 AND ALS O THE JUDGMENT OF THE JURISDICTIONAL HIGH COURT IN THE CASE OF CIT VS. TATA CERAMICS LTD. (102 CCH 0094) AND CONSIDERING THE FACT THAT THE TAX EFFECT IN THE INSTANT APPEAL S IS LESS THAN RS. 20 LAKHS, THE PRESENT APPEAL S DESERVE TO BE DISMISSED AS NOT MAINT AINABLE. 3. ACCORDINGLY IN THE LIGHT OF CBDT CIRCULAR NO. 03/2018 DATED 11.07.2018, THE APPEAL S STAND DISMISSED. 4. IN THE RESULT, THE APPEAL S FILED BY THE REVENUE ARE DISMISSED. ORDER PRONOUNCED ON THIS 21 ST MARCH, 2019. SD/ - SD/ - PLACE: KOCHI DATED : 21 ST MARCH , 2019 GJ COPY TO: 1. M/S. SPECTRUM SOFT TECH SOLUTIONS P VT. LTD., M AHAKAVI G . ROAD, KARAKKAMURI, KOCHI - 682 011. 2. THE INCOME TAX OFFICER, CORPORATE WARD - 2(1), KOCHI. 3. THE COMMISSIONER OF INCOME - TAX(APPEALS) - I, KOCHI. 4. THE PR. COMMISSIONER OF INCOME - TAX, KOCHI. 5. D.R., I.T.A.T. COCHIN BENCH, KOCHI. 6. GUARD FILE. BY ORDER (ASSISTANT REGISTRAR) I.T.A.T., COCHIN BENCH ( GEORGE GEORGE K. ) (CHANDRA POOJARI ) JUDICIAL MEMBER ACCOUNTANT MEMBER