Income Tax Officer, Ward -5(2)(3), Bangalore V. M/s. BBR & RD KPTCL Employees Credit Co-operative Society Limited, Bangalore

ITA 846/BANG/2019

• Counselvise Citation: [2019] 116 COUNSELVISE.COM (IT) 5004 (ITAT-BANGALORE)
• Duration Of Justice: 3 month(s) 30 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 21-08-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Next Hearing Date: 14-08-2019
• Assessment Year: 2015-2016
• Appeal Filed On: 22-04-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL BANGALORE BENCH C BEFORE SHRI N.V. VASUDEVAN, VICE PRESIDENT AND SHRI JASON P BOAZ, ACCOUNTANT MEMBER I.T.A. NO.846/BANG/2019 (ASSESSMENT YEAR : 2015-16) INCOME TAX OFFICER, WARD - 5(2)(3), BANGALORE. . APPELLANT. VS. M/S. BBR & RD KPTCL EMPLOYEES CREDIT C-OPERATIVE SOCIETY LTD., ITC COMPOUND, NO.1, ANAND RAO CIRCLE, BANGALORE-560 009. .. RESPONDENT. REVENUE BY : DR. P. V. PRADEEP KUMAR, ADDL. CIT APPELLANT BY : NONE DATE OF HEARING : 14.08.2019. DATE OF PRONOUNCEMENT : 21.08.2019. O R D E R PER JASON P BOAZ, ACCOUNTANT MEMBER : THIS APPEAL AT THE INSTANCE OF THE REVENUE IS DIRECTED AGAINST THE ORDERS PASSED BY THE COMMISSIONER OF INCOME TAX (APPEALS)-5, BANGALORE DT.26.02.2019 FOR ASSESSMENT YEAR 2015-16. 2. THE LEARNED DEPARTMENTAL REPRESENTATIVE FOR REVENUE SUBMITS THAT IN THIS APPEAL, THE TAX EFFECT PERTAINING TO THE AMOUNT DISPUTED BY THE REVENUE IS LESS THAN THE MONETARY LIMIT OF RS.50 LAKHS FIXED BY THE 2 ITA NO. NO. 846/BANG/2019 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, THE ABOVE APPEAL OF THE REVENUE FOR ASSESSMENT YEAR 2015-16 IS DISMISSED. REGISTRY IS DIRECTED TO INFORM THE PARTIES ACCORDINGLY. ORDER PRONOUNCED IN THE OPEN COURT ON 21 ST AUGUST, 2019. SD/- (N.V. VASUDEVAN) VICE PRESIDENT SD/- (JASON P BOAZ) ACCOUNTANT MEMBER BANGALORE, DT. 21.08.2019. *NS COPY TO : 1 APPELLANT 4 CI T(A) 2 RESPONDENT 5 DR. ITAT, BANGALORE 3 CIT 6 GUARD FILE ASST. REGISTRAR INCOME TAX APPELLATE TRIBUNAL BANGALORE.