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Income Tax Appellate Tribunal, “A” BENCH : BANGALORE
Before: SHRI ARUN KUMAR GARODIA & SHRI PAVAN KUMAR GADALE
O R D E R
Per Shri A.K. Garodia, Accountant Member
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.
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.