DY. COMMISSIONER OF INCOME TAX, CIRCLE-4(2)(1), BANGALORE vs MR P VIJAYDEVA REDDY, BANGALORE

Income Tax Appellate Tribunal, BANGALORE BENCHES : “B”, BANGALORE

Before: SHRI A.K.GARODIA & SHRI BEENA PILLAI, JUDICAL MEMBER

For Appellant: Shri S. Ramasubramanian, CA

For Respondent: Shri K.N.Dhandapani, Addl.CIT, Shri S. Ramasubramanian, CA

PER SMT. BEENA PILLAI, JUDICIAL MEMBER

This appeal has been filed by Revenue against order of Ld.CIT(A)-4, Bangalore dated 24-02-2017 for Assessment Year 2009-10.

We have considered rival submissions by both sides.

(B)/2017 2 3. As per latest notification issued by CBDT, no appeal is to be filed before Tribunal, if tax effect is below Rs.50.00 Lakhs and since in present case, tax effect of alleged issue is below Rs.50.00 Lakhs, appeal of revenue is not maintainable due to low tax. This is by now settled position of law that CBDT instruction is applicable to pending appeals. Hence, we dismiss revenue’s appeal on non-maintainability due to low tax effect. We also grant liberty to revenue to prefer miscellaneous petition, in the event, it is established that the issue involved in present appeal falls into exception carved out by CBDT.

In the result, appeal filed by revenue is dismissed. Order pronounced in the open court on 13-12-2019.

DY. COMMISSIONER OF INCOME TAX, CIRCLE-4(2)(1), BANGALORE vs. MR P VIJAYDEVA REDDY, BANGALORE