DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE- 1(1)(1), BANGALORE vs. M/S. AGNUS HOLDINGS PRIVATE LIMITED, BANGALORE

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ITA 1101/BANG/2019Status: DisposedITAT Bangalore12 February 2020AY 2010-112 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 ITAT held that in view of CBDT Circular No. 17/2019, appeals with a tax effect below Rs. 50 lakhs cannot be filed before the Tribunal. Therefore, the revenue's 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 2010-11. 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 low tax effect, as per CBDT circulars.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “A” BENCH : BANGALORE

Before: SHRI N.V. VASUDEVAN & SHRI A.K.GARODIA

For Respondent: Smt. Sheetal Borkar, Advocate
Hearing: 05.02.2020Pronounced: 12.02.2020

Per N.V. Vasudevan, Vice President

1.

This appeal is by the revenue against the order dated 27.02.2019 of the CIT(Appeals)-1, Bengaluru for the assessment year 2010-11.

2.

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.

Pronounced in the open court on this 12th day of February, 2020.

Sd/- Sd/-

( A.K.GARODIA ) ( N V VASUDEVAN ) ACCOUNTANT MEMBER VICE PRESIDENT Bangalore, Dated, the 12th February, 2020.

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