ASSISTANT COMMISSIONER OF INCOME TAX CENTRAL CIRCLE-2(4), BANGALORE vs. SRI PANATI PURANDHARA REDDY, BANGALORE

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ITA 873/BANG/2018Status: DisposedITAT Bangalore13 September 2019AY 2013-142 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. The assessee's C.O. was dismissed as it was not pressed.

What were the facts?

The Revenue filed an appeal against the CIT(A)'s order. The assessee also filed a C.O. which was not pressed. The tax effect in the Revenue's appeal was below the threshold stipulated by CBDT for filing appeals.

What were the issues?

Maintainability of the Revenue's appeal due to low tax effect and whether the assessee's C.O. should be pressed.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “B” BENCH : BANGALORE

Before: SHRI ARUN KUMAR GARODIA & SMT. BEENA PILLAI

For Appellant: Shri V. Srinivasan, Advocate
For Respondent: Shri R.N. Siddappaji, Addl. CIT (DR)
Hearing: 28.08.2019Pronounced: 13.09.2019

Heard together (2 matters)

C.O. No. 70/Bang/2018
ITA No. 873/Bang/2018

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)-11, Bangalore dated 12.12.2017 for Assessment Year 2013-14.

2.

At the very outset, it was submitted by ld. AR of assessee that the tax effect in the appeal is below Rs. 50 Lakhs and therefore, the appeal of the revenue is not maintainable because of low tax effect as per latest notification issued by CBDT. Regarding the C.O. of the assessee, it is submitted that C.O. is not pressed. In reply, the ld. DR of revenue had nothing to say.

C.O. No. 70/Bang/2018 Page 2 of 2 3. We have considered the facts of the present case and we find that as per Form No. 36 filed by the revenue itself, it is seen that total income as per return of income filed by the assessee is 87,24,470/- and the assessed income as per the assessment order is Rs. 1,61,26,770/- which means that an addition of Rs. 74,02,300/- is made by the AO. Even if the entire addition is deleted by ld. CIT(A) and the revenue is in appeal against entire such deletion, then also the tax effect is bound to be less than Rs. 50 Lakhs and as per the latest CBDT instructions, the revenue is not supposed to file any appeal before the Tribunal in a case where the tax effect is below Rs. 50Lakhs. This is by now a settled position that CBDT instructions is applicable to existing appeals also. Hence the appeal of the revenue is dismissed because of low tax effect. The C.O. of the assessee is dismissed as not pressed.

4.

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

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