ASSISTANT COMMISSIONER OF INCOME TAX CENTRAL CIRCLE-2(2), BENGALURU vs. M/S A M R POWER PVT. LTD., BENGALURU

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ITA 1579/BANG/2018Status: DisposedITAT Bangalore05 November 2020AY 2012-132 pages

In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal accepted the assessee's submission regarding the tax effect being below the threshold. Consequently, the revenue was precluded from pursuing the appeal.

What were the facts?

The revenue appealed against the CIT(A)'s deletion of an addition made by the AO under Section 36(1)(iii). The assessee argued that the tax effect was below the monetary limit prescribed by CBDT Circular No. 17/2019.

What were the issues?

Whether the revenue's appeal is maintainable given the tax effect below the CBDT prescribed monetary limit.

Which sections of the Income-tax Act were involved?

Section 36(1)(iii)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “C’’ BENCH: BANGALORE

Before: SHRI B. R. BASKARAN & SMT. BEENA PILLAI

For Appellant: Shri R. Premi, D.R
For Respondent: Shri K.R. Vasudevan, A.R
Hearing: 04.11.2020Pronounced: 05.11.2020

PER B.R. BASKARAN, ACCOUNTANT MEMBER:

1.

The revenue has filed this appeal challenging the order dated 23-02-2018 passed by Ld CIT(A)-1, Bengaluru and it relates to the assessment year 2012-13. The revenue is challenging the decision of Ld CIT(A) in deleting the addition of Rs.75,15,900/- made by the AO u/s 36(1)(iii) of the Act.

2.

At the outset, the Ld Counsel appearing for the assessee submitted that the tax effect involved in the quantum under dispute is less than Rs.50.00 lakhs and hence the revenue is precluded from pursuing this appeal as per the Circular No.17/2019 dated 08-08-2019 issued by CBDT.

3.

The Ld D.R accepted the facts presented by Ld A.R.

M/s. AMR Power Pvt. Ltd., Bangalore

Page 2 of 2 4. Since the tax effect involved in this appeal is less than Rs.50.00 lakhs, the revenue is precluded from pursuing this appeal as per the Circular No.17/2019 dated 08-08-2019 issued by CBDT. Accordingly, we dismiss the appeal in limine. 5. In the result, the appeal of the revenue is dismissed. Order pronounced in the open court on 5th Nov, 2020

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