DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-7(1)(1), BANGALORE vs. M/S TMS INDIA PVT LTD, BANGALORE

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ITA 299/BANG/2017Status: DisposedITAT Bangalore21 August 2020AY 2011-122 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 in view of CBDT Circular No. 17/2019, appeals with a tax effect below Rs. 50 lakhs are not maintainable before the Tribunal. Therefore, the revenue's appeal was dismissed.

What were the facts?

The revenue filed an appeal before the ITAT against an order of the CIT(Appeals). The tax effect in the 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 circulars.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “B” BENCH : BANGALORE

Before: SHRI N.V. VASUDEVAN & SHRI G MANJUNATHA

For Appellant: Shri Priyadarshi Misra, Jt.CIT(DR)(ITAT), Bengaluru
Hearing: 18.08.2020Pronounced: 21.08.2020

Date of hearing : 18.08.2020 Date of Pronouncement : 21.08.2020 O R D E R

Per N.V. Vasudevan, Vice President

1.

This appeal is by the revenue against the order dated 18.11.2016 of the CIT(Appeals)-7, Bengaluru for the assessment year 2011-12.

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 21st day of August, 2020.

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