INCOME TAX OFFICER, WARD- 1(1)(3), BANGALORE vs. M/S. BANGALORE AIRPORT HOTEL LIMITED, BANGALORE

O R D E R

Per Shri A.K. Garodia, Accountant Member

by the revenue are as under. “1. The order of the Learned CIT (Appeals), in so far as it is prejudicial to the interest of revenue, is opposed to law and the facts and circumstances of the case. 2.On the facts and in the circumstances of the case and in law, the Ld. CIT(A) erred in deleting the addition of Rs. 97,03,661/- made by the Assessing Officer on account of interest income earned on fixed deposits made with the Bank..

3. For these and such other grounds that may be urged at the time of hearing, it is humbly prayed that the order of the Ld. CIT (A) be reversed and that of the Assessing Officer be restored.

4. The appellant craves leave to add, to alter, to amend or delete any of the grounds that may be urged at the time of hearing of appeal.”

Page 2 of 2 3. None appeared on behalf of the assessee on the appointed date of hearing. But since it was found that this appeal of revenue is not maintainable because of low tax effect, the appeal of the revenue was heard ex-parte qua the assessee. At the very beginning, it was pointed out by the bench to the ld. DR of revenue that in the Form No. 36 filed by the revenue itself, the tax effect in the appeal of the revenue is computed at Rs. 29,98,431 and hence, as per the recent notification issued by the CBDT, this appeal of the revenue is not maintainable because of low tax effect. In reply, the ld. DR of revenue had nothing to say. Hence, we dismiss the appeal of the revenue because of low tax effect.