DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE- 1(1)(2), BANGALORE vs. M/S. BIRDY EXPORTS PRIVATE LIMITED, BANGALORE

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ITA 1375/BANG/2019Status: DisposedITAT Bangalore04 March 2020AY 2013-143 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 dismissed the Revenue's appeal on the grounds of maintainability and low tax effect. This was based on CBDT Circular No. 17/2019, which stipulates that appeals with a tax effect below Rs. 50 lakhs should not be filed.

What were the facts?

The Revenue filed an appeal against an order of the CIT(A) which granted relief to the assessee. The tax effect in the appeal was Rs. 34,36,132.

What were the issues?

Whether the Revenue's appeal is maintainable given the low tax effect and in light of the CBDT circular regarding monetary limits for filing appeals.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 250

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, BANGALORE BENCHES “ A ” BENCH: BANGALORE

Before: SHRI A.K. GARODIA & SHRI PAVAN KUMAR GADALE

For Appellant: Shri B.T.Shetty, C.A
For Respondent: Shri A. Ramesh Kumar, JCIT (D.R)
Hearing: 03.03.2020Pronounced: 04.03.2020

O R D E R

PER SHRI PAVAN KUMAR GADALE, JM :

1.

The Revenue has filed an appeal against the order of Commissioner of Income Tax (Appeals)-1, Bangalore passed u/s. 143(3) and 250 of the Income Tax Act, 1961.

2.

The Revenue has filed this appeal where the tax effect in the appeal is Rs.34, 36,132 which is below Rs.50 lakhs. We find as per the CBDT Circular No.17/2019 Dt.8.8.2019, no appeal shall be filed by the Revenue before the Tribunal where the tax effect is below Rs.50 lakhs. In the present case, the Assessing Officer has raised a demand under Section 143(3) and 250 of the Act vide order dt.29.01.2016 of Rs.34,36,132 (including interest) which is not disputed and the learned CIT (Appeals) has granted relief. Further the Circular of the CBDT is also applicable to the pending cases. Accordingly, the tax demand raised by the Revenue authorities are below Rs.50 lakhs and circular is applicable to the pending appeals. Hence we dismiss the Revenue’s appeal on maintainability and low tax effect.

3.

In the result, appeal of the Revenue is dismissed. Pronounced in the open court on the date mentioned on the caption page.

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