INCOME TAX OFFICER, BANGALORE vs. M/S ZYGO BONSAI PVT.LTD., BANGALORE

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ITA 2231/BANG/2016Status: DisposedITAT Bangalore12 August 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 ITAT held that in view of CBDT Circular No. 17/2019, the revenue cannot file appeals before the Tribunal if the tax effect is less than Rs. 50 lakhs. Therefore, the appeal was dismissed.

What were the facts?

The revenue filed an appeal before the Income Tax Appellate Tribunal (ITAT) against an order of the CIT(Appeals). The tax effect in this appeal was less than Rs. 50 lakhs.

What were the issues?

Maintainability of the revenue's appeal before the ITAT due to low tax effect as per CBDT circular.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “B” BENCH : BANGALORE

Before: SHRI N.V. VASUDEVAN & SHRI B R BASKARAN

For Appellant: Shri Priyadarshi Mishra, Jt.CIT(DR)(ITAT)
For Respondent: Shri Raghavendra R. Chakravarthy, CA
Hearing: 10.08.2020Pronounced: 12.08.2020

Date of hearing : 10.08.2020 Date of Pronouncement : 12.08.2020 O R D E R

Per N.V. Vasudevan, Vice President

1.

This appeal is by the revenue against the order dated 28.09.2016 of the CIT(Appeals)-7, Bengaluru for the assessment year 2012-13.

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 August, 2020.

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