JOINT COMMISSIONER OF INCOME TAX LTU, BANGALORE vs. M/S HEWLETT PACKWARD INDIA SALES PVT LTD, BANGALORE
In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.
What did the Tribunal hold?
The ITAT held that in view of CBDT Circular No. 17/2019, the revenue cannot file appeals before the Tribunal where the tax effect is less than Rs. 50 lakhs. Therefore, the appeal was dismissed as not maintainable.
What were the facts?
The revenue filed an appeal before the Income Tax Appellate Tribunal (ITAT) for the assessment year 2009-10. The tax effect in this appeal was less than Rs. 50 lakhs.
What were the issues?
The primary issue was the maintainability of the revenue's appeal before the ITAT due to the tax effect being below the threshold specified by CBDT circulars.
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “C” BENCH : BANGALORE
Before: SHRI N.V. VASUDEVAN & SHRI PRADIP KUMAR KEDIA
Per N V Vasudevan, Vice President
This appeal is by the revenue against the order dated 30.11.2018 of the CIT(Appeals)-5, Bangalore for the assessment year 2009-10.
Admittedly, the tax effect in this appeal by the revenue is less than Rs.50 lakhs. In view of the CBDT in Circular No.17/2019, dated 08.08.2019, the revenue cannot file appeals before the Tribunal where the tax effect is less than Rs.50 lakhs. Since the tax effect in the present appeal is less than Rs.50 lakhs, this appeal of the revenue is liable to be dismissed as not maintainable. Accordingly, the appeal of the revenue is dismissed.
In the result, the revenue’s appeal is dismissed.
Pronounced in the open court on this 3rd day of March, 2020.
Recent GST High Court judgments
Search GST case law →- Sureshchandra Moolchand Shah vs. State Of GujaratGujarat · 27 Oct 2026
- M/S Larsen And Toubro Limited vs. Joint Commissioner Of Central GST And Anr.Delhi · 27 Oct 2026
- T C Global INDIA Private Limited vs. Principal Commissioner Of Central GST, North DelhiDelhi · 27 Oct 2026
- Kamlasana Impex Private Limited vs. Director General Of GST Intelligence (Hq) Delhi) & Anr.Delhi · 27 Oct 2026
- Ritu Gautam Proprietor Of Ms Heritage International vs. Additional Commissioner Central Goods And Services Tax Appeals Ii Delhi & Anr.Delhi · 27 Oct 2026