DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-2(1)(1), BANGALORE vs. SRI VINOD NARAPPA REDDY, BANGALORE

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ITA 1852/BANG/2018Status: DisposedITAT Bangalore20 February 2020AY 2012-133 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 held that the appeal was not maintainable due to low tax effect as per the CBDT circular. The circular is applicable to pending cases.

What were the facts?

The Revenue filed an appeal against an order of the CIT(A). The tax effect in the appeal was below Rs. 50 lakhs, which is below the threshold specified by CBDT Circular No. 17/2019.

What were the issues?

Whether the Revenue's appeal is maintainable before the Tribunal when the tax effect is below the threshold prescribed by CBDT circulars.

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 “ C ” BENCH: BANGALORE

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

For Appellant: Shri V. Srinivasan, Advocate
For Respondent: Smt. R. Premi, JCIT (D.R)
Hearing: 20.02.2020Pronounced: 20.02.2020

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), Davangere passed u/s. 143(3) and 250 of the Income Tax Act, 1961.

2.

At the time of hearing, it was brought to the knowledge of the Bench the tax effect in the appeal is below Rs.50 lakhs therefore covered by CBDT Circular No.17/2019 Dt.8.8.2019. 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) vide order dt.30.03.2015 of Rs.27,28,430 (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 is 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. Order pronounced in the open court on 20th Feb., 2020. Pronounced in the open court on the date mentioned on the caption page.

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