DCIT, BANGALORE vs. KINTETSU WORLD EXPRESS INDIA PVT. LTD.,, BANGALORE

The Revenue has filed an appeal against the order of Assessing Officer under Section 143(3) r.w.s. 144C of the Income Tax Act, 1961 (in short 'the Act') dt.7.1.2015 in pursuance of directions of Dispute Resolution Panel (DRP) order dt.28.11.2014.

At the time of hearing, the learned Departmental Representative has submitted that tax effect in the appeal is Rs.34,13,860 and filed Memo which is below Rs.50 lakhs as per CBDT Circular No.17/2019. 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. 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.

In the result, appeal of the Revenue is dismissed. Pronounced in the open court on the date mentioned on the caption page. Sd/- Sd/- (A.K. GARODIA) (PAVAN KUMAR GADALE) ACCOUNTANT MEMBER JUDICIAL MEMBER Dated: 29.01.2020. *Reddy GP