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

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ITA 522/BANG/2015Status: DisposedITAT Bangalore29 January 2020AY 2010-113 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 CBDT Circular No. 17/2019. This circular is also applicable to pending appeals.

What were the facts?

The Revenue filed an appeal against the Assessing Officer's order, which was passed pursuant to directions from the Dispute Resolution Panel. The tax effect in the appeal was below the threshold stipulated 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 specified by CBDT Circular No. 17/2019.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 144C

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, BANGALORE BENCHES “ A ” BENCH: BANGALORE

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

For Appellant: Shri Priya, Representative
For Respondent: Ms. Neera Malhotra, CIT (D.R)
Hearing: 28.01.2020Pronounced: 29.01.2020

O R D E R

PER SHRI PAVAN KUMAR GADALE, JM :

1.

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.

2 IT(T.P)A No.522/Bang/2015

2.

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.

3.

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

3 IT(T.P)A No.522/Bang/2015

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