Deputy Commissioner of Income Tax, Circle-1(1)(1),, Bengaluru v. M/s. Assetz Property Management Services Private Limited, Bengaluru

ITA 158/BANG/2019 | 2014-2015
Pronouncement Date: 25-11-2019 | Result: Dismissed

Appeal Details

RSA Number 15821114 RSA 2019
Assessee PAN AACCB9758R
Bench Bangalore
Appeal Number ITA 158/BANG/2019
Duration Of Justice 9 month(s) 27 day(s)
Appellant Deputy Commissioner of Income Tax, Circle-1(1)(1),, Bengaluru
Respondent M/s. Assetz Property Management Services Private Limited, Bengaluru
Appeal Type Income Tax Appeal
Pronouncement Date 25-11-2019
Appeal Filed By Department
Order Result Dismissed
Bench Allotted B
Tribunal Order Date 25-11-2019
Last Hearing Date 25-11-2019
First Hearing Date 25-11-2019
Assessment Year 2014-2015
Appeal Filed On 28-01-2019
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH : BANGALORE BEFORE SHRI B.R BASKARAN ACCOUNTANT MEMBER AND SMT. BEENA PILLAI JUDICIAL MEMBER ITA NO.158/BANG/2019 ASSESSMENT YEAR : 2014-15 THE DY. COMMISSIONER OF INCOME-TAX CIRCLE-1(1)(1) BENGALURU. VS. M/S ASSETZ PROPERTY MANAGEMENT SERVICES PVT. LTD. 2/1 EMBASSY ICON ANNEXE INFANTRY ROAD BENGALURU-560 001. PAN AACCB 9758 R APPELLANT RESPONDENT APPELLANT BY : SMT. P RENUGA DEVI JCIT (DR) RESPONDENT BY : SHRI SUDHEENDRA ADVOCATE DATE OF HEARING : 25.11.2019 DATE OF PRONOUNCEMENT : 25.11.2019 O R D E R PER B.R BASKARAN ACCOUNTANT MEMBER THE APPEAL FILED BY THE REVENUE IS DIRECTED AGAINS T THE ORDER PASSED BY THE LD CIT(A) IN THE HANDS OF THE ASSESSE ES AND IT RELATE TO THE ASST. YEAR 2014-15. 2. AT THE OUTSET THE LD COUNSELS APPEARING FOR THE ASSESSEES SUBMITTED THAT THE TAX EFFECT INVOLVED IN THE ISSUE S CONTESTED BY THE REVENUE DOES NOT EXCEED 50 LAKHS IN THIS APPEAL. ACCORDINGLY IT WAS SUBMITTED THAT THE REVENUE IS PRECLUDED FROM PU RSUING THIS APPEAL AS PER CIRCULAR NO.17/2019 DATED 8/8/2019 IS SUED BY ITA NO.158 /BANG/2019 PAGE 2 OF 4 CENTRAL BOARD OF DIRECT TAXES WHICH HAS BEEN CLARI FIED BY CBDT AS APPLICABLE TO ALL PENDING APPEALS VIDE ITS INSTRUC TION DATED 20/8/2019. ACCORDINGLY THE LD A.R SUBMITTED THAT THE APPEAL IS REQUIRED TO BE DISMISSED IN LIMINE. 3. THE LD DR DID NOT OBJECT TO THE SUBMISSION MADE BY THE COUNSEL FOR THE ASSESSEE. 4. ACCORDINGLY WE DISMISS THE APPEAL OF THE REV ENUE IN LIMINE. HOWEVER LIBERTY IS GIVEN TO THE REVENUE TO MOVE AP PLICATION FOR RECALL OF THE ORDER IF IT IS FOUND THAT THE TAX EF FECT INVOLVED ON THE ISSUES DISPUTED IN THE APPEAL IS MORE THAN 50 LAKHS OR IF IT IS FOUND THAT THE ISSUES CONTESTED THEREIN FALL IN THE CATEG ORY OF EXCEPTIONS PRESCRIBED BY THE CBDT CIRCULAR OR SUBSEQUENTLY. 5. IN THE RESULT THE APPEAL OF THE REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 25 TH NOVEMBER 2019. SD/ - (BEENA PILLAI) JUDICIAL MEMBER SD/ - (B.R BASKARAN) ACCOUNTANT MEMBER BANGALORE DATED 25 TH NOVEMBER 2019. / VMS / ITA NO.158 /BANG/2019 PAGE 3 OF 4 COPY TO: 1. THE APPLICANT 2. THE RESPONDENT 3. THE CIT 4. THE CIT(A) 5. THE DR ITAT BANGALORE. 6. GUARD FILE BY ORDER ASST. REGISTRAR ITAT BANGALORE. ITA NO.158 /BANG/2019 PAGE 4 OF 4 1. DATE OF DICTATION 2. DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER . 3. DATE ON WHICH THE APPROVED DRAFT COMES TO SR.P.S .. 4. DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE DICTATING MEMBER .. 5. DATE ON WHICH THE FAIR ORDER COMES BACK TO THE S R. P.S. .. 6. DATE OF UPLOADING THE ORDER ON WEBSITE.. 7. IF NOT UPLOADED FURNISH THE REASON FOR DOING SO .. 8. DATE ON WHICH THE FILE GOES TO THE BENCH CLERK .. 9. DICTATION NOTE ENCLOSED DATE ON WHICH ORDER GOES FOR XEROX & ENDORSEMENT 10. DATE ON WHICH THE FILE GOES TO THE HEAD CLERK . 11. THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT REGISTRAR FOR SIGNATURE ON THE ORDER . 12. THE DATE ON WHICH THE FILE GOES TO DISPATCH SEC TION FOR DISPATCH OF THE TRIBUNAL ORDER . 13. DATE OF DESPATCH OF ORDER. .. 14. DICTATION NOTE ENCLOSED