Income Tax Officer, Ward-2, Vijayapura V. Shri Shivaji Maharaj Credit Co-op Society Ltd, Vijayapura

ITA 745/BANG/2018

• Counselvise Citation: [2018] 124 COUNSELVISE.COM (IT) 7151 (ITAT-BANGALORE)
• Duration Of Justice: 6 month(s) 22 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-09-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2012-2013
• Appeal Filed On: 08-03-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SIDDAPP A JI R N
• Assessee Lawyers: ASHOK KULKARNI
• Keywords: Tax effect
• Section: 12; 2; 11

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL BANGALORE BENCH A BEFORE S HRI JASON P BOAZ , ACCOUNTANT MEMBER AND SHRI LALIET KUMAR, JUDICIAL MEMBER I.T . A. NO. 745 TO 747 /BANG/20 18 (ASSESSMENT YEAR S : 20 1 1 - 12 TO 2013 - 14 ) INCOME TAX OFFICER, WARD 2, VIJAYA PUR. . APPELLANT. VS. SHRI SHIVAJI MAHARAJ CREDIT CO - OP. SOCIETY LTD., OPP. LAXMI TEMPLE, MAIN ROAD, VIJAYAPUR. .. RESPONDENT. APPELLANT BY : SHRI SIDDAPPAJI, R N ADDL. CIT (D.R) R E SPONDENT BY : SHRI ASHOK KULKARNI , ADVOCATE. DATE OF H EARING : 24.09.2018. DATE OF P RONOUNCEMENT : 28 .09 .201 8 . O R D E R PER SHRI JASON P BOAZ, A.M. : TH E ABOVE LISTED APPEAL S AT THE INSTANCE OF THE REVENUE ARE DIRECTED AGAINST THE RESPECTIVE IMPUGNED ORDER S PASSED BY THE RESPECTIVE LEARNED COMMISSIONER OF INCOME TAX (APPEALS) , BELGAVI DT.5.12.2017 FOR ASSESSMENT YEAR 201 1 - 12 TO 2013 - 14. 2 IT A NO S . 745 TO 747 /BANG/20 1 8 2. IN THE ABOVE APPEAL S , THE TAX EFFECT PERTAINING TO THE AMOUNT DISPUTED BY THE REVENUE 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 R EFERENCE APPLIES RETROSPECTIVELY EVEN TO PENDING APPEALS, WE HOLD THAT THE ABOVE LISTED APPEAL S FILED BY THE R EVENUE ARE NOT MAINTAINABLE AND LIABLE TO BE DISMISSED IN LIMINE . 3. IN THE RESULT, THE APPEAL S OF THE REVENUE FOR ASSESSMENT YEAR S 201 1 - 12 T O 2013 - 14 ARE DISMISSED. REGISTRY IS DIRECTED TO INFORM THE PARTIES ACCORDINGLY. ORDER PRONOUNCED IN THE OPEN COURT ON THE 28TH DAY OF SEPT., 201 8 . SD/ - ( LALIET KUMAR ) JUDICIAL MEMBER SD/ - ( JASON P BOAZ ) ACCOUNTANT MEMBER BANGALORE, DT. 28 .09.2018. *REDDY GP 3 IT A NO S . 745 TO 747 /BANG/20 1 8 COPY TO : 1 APPELLANT 4 CIT(A) 2 RESPONDENT 5 DR. ITAT, BANGALORE 3 CIT 6 GUARD FILE SENIOR PRIVATE SECRETARY INCOME TAX APPELLATE TRIBUNAL BANGALORE.