DCIT, Bangalore V. Kintetsu World Express India Pvt. Ltd., Bangalore

ITA 522/BANG/2015

• Counselvise Citation: [2020] 111 COUNSELVISE.COM (IT) 7605 (ITAT-BANGALORE)
• Duration Of Justice: 4 year(s) 9 month(s) 30 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 29-01-2020
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 28-01-2020
• Assessment Year: 2010-2011
• Appeal Filed On: 30-03-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: PRIYA REPRESENTATIVE
• Keywords: Tax effect
• Section: 143(3); 201; 144C

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL BANGALORE BENCHES A BENCH: BANGALORE BEFORE SHRI A.K. GARODIA, ACCOUNTANT MEMBER AND SHRI PAVAN KUMAR GADALE, JUDICIAL MEMBER IT (TP) A NO. 522/BANG/2015 (ASSESSMENT YEAR: 201 0 - 11 ) DY. COMMISSIONER OF INCOME TAX, CIRCLE 4(1)(1), BANGALORE . .APPELLANT PAN VS. M/S. KINTETSU WORLD EXPRESS INDIA PVT. LTD., 897/D, PR COMPLEX, 80 FEET ROAD, KORAMANGALA, BANG ALORE. RESPONDENT. ASSESSEE BY: SHRI PRIYA, REPRESENTATIVE. REVENUE BY: MS. NEERA MALHOTRA, CIT (D.R) DATE OF HEARING : 28.01 .20 20 DATE OF PRONOUNCEMENT : 29 .01 .20 20 O R D E R PER SHRI PAVAN KUMAR GADALE, JM : THE REVENUE HAS FILED AN APPEAL AGAINST THE ORDER OF ASSESSING OFFICER UNDER SECTION 143(3) R.W.S. 144C OF THE INCOME TAX ACT, 1961 (IN SHORT 'THE ACT') DT.7.1.2015 IN PURSUANCE OF DIRECTIONS OF DISPUTE RESOLUTION PANEL (DRP) ORDER DT.28.11.2014. 2 IT (T.P) A NO. 522/BANG/2015 2. AT THE TIME OF HEARING, THE LEARNED DEPARTMENTAL RE PRESENTATIVE HAS SUBMITTED THAT TAX EFFECT IN THE APPEAL IS RS.34,13,860 AND FILED MEMO WHICH IS BELOW RS.50 LAKHS AS PER CBDT CIRCULAR NO.17/2019. WE FIND AS PER THE CBDT CIRCULAR NO.17/2019 DT.8.8.2019, NO APPEAL SHALL BE FILED BY THE REVENUE BEFORE TH E TRIBUNAL WHERE THE TAX EFFECT IS BELOW RS.50 LAKHS. FURTHER THE CIRCULAR OF THE CBDT IS ALSO APPLICABLE TO THE PENDING CASES. ACCORDINGLY, THE TAX DEMAND RAISED BY THE REVENUE AUTHORITIES IS BELOW RS.50 LAKHS AND CIRCULAR IS APPLICABLE TO THE PENDING APPEALS. HENCE WE DISMISS THE REVENUES APPEAL ON MAINTAINABILITY AND LOW TAX EFFECT. 3. IN THE RESULT, APPEAL OF THE REVENUE IS DISMISSED. PRONOUNCED IN THE OPEN COURT ON THE DATE MENTIONED ON THE CAPTION PAGE. S D / - S D / - (A.K. GARO DIA) (PAVAN KUMAR GADALE) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 2 9 .01 . 20 20 . *REDDY GP 3 IT (T.P) A NO. 522/BANG/2015 COPY TO 1. THE APPELLANT 2. THE RESPONDENT 3. CIT (A) 4. PR. CIT 5. DR, ITAT, BANGALORE. 6. GUARD FILE BY ORDER ASSISTANT REGISTRAR INCOME - TAX APPELLATE TRIBUNAL BANGALORE