INCOME TAX OFFICER, WARD- 5(2)(4), BANGALORE vs. M/S. KARNATAKA STATE CO-OPERATIVE APEX BANK EMPLOYEES CO-OPERATIVE SOCIETY LIMITED, BANGALORE

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ITA 1129/BANG/2019Status: DisposedITAT Bangalore08 November 2019AY 2015-163 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 considered the Revenue's request for withdrawal based on CBDT circulars regarding low tax effect. The appeals were dismissed in limine.

What were the facts?

The Revenue filed appeals against orders of the CIT(A) for AY 2015-16 and 2016-17. The Revenue later sought withdrawal of these appeals.

What were the issues?

Whether the Revenue's appeals should be withdrawn due to low tax effect as per CBDT circulars.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 147

AI-generated summary — verify with the full judgment below

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

Before: SHRI B.R. BASKARAN & SHRI PAVAN KUMAR GADALE

For Appellant: Shri M. Vijay Kumar, Addl. CIT (D.R)
For Respondent: Shri S. Ramasubramanian, C.A
Hearing: 05.11.2019Pronounced: 08.11.2019

O R D E R PER BENCH : The revenue has filed the appeals against different orders of Commissioner of Income Tax (Appeals)-5, Bangalore passed u/s 143(3) r.w.s 147 for A.Y. 2015- 16 and under Section 143(3) of the Income Tax Act, 1961 for the A.Y. 2016-17.

2 & 1130/Bang/2019 2. At the time of hearing, Letters dt.30.10.2019 were filed by the Revenue authorities seeking withdrawal of the appeals due to low tax effect as per CBDT Circular No.3/2018 Dt.11.7.2018 and Circular No.17/2019 Dt.8.8.2019. The tax liability involved in the quantum under dispute for Asst. Year 2015-16 is Rs.10,80,577 and for the Asst. Year 2016-17 is Rs.18,12,383. Hence as per the CBDT Circular (referred above), no appeal shall be filed by the Revenue before the Tribunal where the tax effect is below Rs.50 lakhs and it shall also applicable for pending appeals. Therefore, we considering the submissions of the ld. DR and the letters Dt.30.10.2019 for withdrawal of appeals by the Revenue, we dismiss the Revenue’s appeals in limine.

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