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Income Tax Appellate Tribunal, “C’’BENCH: BANGALORE
Before: SHRI GEORGE GEORGE K. & SHRI B.R. BASKARAN
PER B.R. BASKARAN, ACCOUNTANT MEMBER:
The revenue has filed this appeal challenging the order dated 14.7.2016 passed by Ld. CIT(A)-5, Bengaluru and it relates to assessment year 2012-13. The revenue is aggrieved by the decision of Ld. CIT(A) in deleting the following disallowances made by the A.O. 1. Disallowance of cost attributable to advance not pertaining to business - Rs.1,24,00,000/- 2. Disallowance made u/s 14A of the Act – Rs.18,14,000/-
M/s. Parrys Sugar Industries Ltd., Bangalore
Page 2 of 3 2. At the outset, the Ld. A.R. submitted that the aggregate amount in dispute is Rs.1.42 crores and the tax effect thereon is less than Rs.50 lakhs. Accordingly, the Ld. A.R. submitted that the revenue is precluded from pursuing this appeal as per Circular No.17/2019 dated 8.8.2019 issued by CBDT. Accordingly, he submitted that the appeal filed by the revenue requires to be dismissed in limine.
We heard Ld. D.R. and perused the record. From the submissions made by Ld. A.R., we notice that the tax effect involved in the additions disputed by the revenue is less than Rs.50 lakhs. Accordingly, following the CBDT circular (referred above), we dismiss the appeal of the revenue in limine. However, the revenue is given liberty to move appropriate application for recall of this order, if it is found that the tax effect involved is more than Rs.50 lakhs or if the issues contested by the revenue fall under any of the exceptions given in the circular.
In the result, the appeal filed by the revenue is dismissed. Order pronounced in the open court on 29th July, 2021 Sd/- Sd/- (George George K.) (B.R. Baskaran) Judicial Member Accountant Member Bangalore, Dated 29th July, 2021. VG/SPS
M/s. Parrys Sugar Industries Ltd., Bangalore