DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-7(1)(2), BANGALORE vs. M/S VEVEO INDIA PVT LTD, BANGALORE

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ITA 2055/BANG/2017Status: DisposedITAT Bangalore28 August 2019AY 2012-132 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 Revenue's appeal was not maintainable due to low tax effect, as per CBDT instructions. Consequently, the assessee's cross-objection was also dismissed.

What were the facts?

The Revenue filed an appeal against the deletion of an addition of Rs. 84,17,130/- by the CIT(A). The assessee filed a cross-objection in support of the CIT(A)'s order.

What were the issues?

Maintainability of Revenue's appeal due to low tax effect and the consequential dismissal of the assessee's cross-objection.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “A” BENCH : BANGALORE

Before: SHRI ARUN KUMAR GARODIA & SHRI PAVAN KUMAR GADALE

For Appellant: Shri T. Suryanarayana, Advocate
For Respondent: Shri Ujjwal Kumar, JCIT (DR)
Hearing: 14.08.2019Pronounced: 28.08.2019

Heard together (2 matters)

C.O. No. 100/Bang/2018
ITA No. 2055/Bang/2017

Read from the judgment's own cause title. This page is filed under one of them.

O R D E R

Per Shri A.K. Garodia, Accountant Member

1.

This appeal is filed by the revenue and the C.O. is filed by the assessee and these are directed against the order of ld. CIT(A)-7, Bangalore dated 28.07.2017 for Assessment Year 2012-13.

C.O. No. 100/Bang/2018 Page 2 of 2 2. Both sides were heard. We have considered the rival submissions. We find that in this case, as per the return of income filed by the assessee, income declared was Rs. 2,38,10,300/- and assessed income was Rs. 3,22,27,430/- after making addition of Rs. 84,17,130/-. This addition has been deleted by ld. CIT(A) and against the same, the appeal was filed by the revenue and the C.O. is filed by the assessee which is merely in support of the order of ld. CIT(A). As per the latest notification issued by CBDT, no appeal is required to be filed by the revenue before the Tribunal if the tax effect is below Rs. 50 Lakhs and since in the present case, the tax effect is below Rs. 50 Lakhs, the appeal of the revenue is not maintainable because of low tax. This is by now a settled position of law that CBDT instruction is applicable to the pending appeals also and hence, this appeal of the revenue is dismissed because of low tax effect. The C.O. filed by the assessee is in support of the order of ld. CIT(A) and since, the appeal of the revenue is dismissed as not maintainable, the C.O. is also not maintainable and dismissed accordingly.

3.

In the result, the appeal filed by the revenue and the C.O. filed by the assessee are dismissed. Order pronounced in the open court on the date mentioned on the caption page.

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