JCIT, BANGALORE vs. M/S PARRY SUGAR INDUSTRIES LTD., BANGALORE

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ITA 1114/BANG/2016Status: DisposedITAT Bangalore13 February 2019AY 2011-122 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 as per CBDT Circular No. 3/2018, appeals with a tax effect below Rs. 20 lakhs are not maintainable before the Tribunal. Therefore, the revenue's appeal was dismissed.

What were the facts?

The revenue filed an appeal before the Income Tax Appellate Tribunal (ITAT) against an order of the CIT(Appeals). The tax effect in the appeal was less than Rs. 20 lakhs.

What were the issues?

Maintainability of revenue's appeal before the ITAT due to low tax effect.

Which sections of the Income-tax Act were involved?

CBDT Circular No.3/2018

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “C” BENCH : BANGALORE

Before: SHRI N.V. VASUDEVAN & SHRI B.R. BASKARAN

For Appellant: Shri Pradeep Kumar, CIT(DR)(ITAT), Bengaluru
Hearing: 21.01.2019Pronounced: 13.02.2019

Date of hearing : 21.01.2019 Date of Pronouncement : 13.02.2019 O R D E R

Per N.V. Vasudevan, Vice President

1.

This appeal is by the revenue against the order dated 29.02.2016 of the CIT(Appeals)-5, Bengaluru, for the assessment year 2011-12.

2.

Admittedly, the tax effect in this appeal by the revenue is less than Rs.20 lakhs. In view of the CBDT Circular No.3/2018 dated 11.07.2018, the revenue cannot file appeals before the Tribunal where the tax effect is less than Rs.20 lakhs. Since the tax effect in the present appeal is less than Rs.20 lakhs, this appeal of the revenue is liable to be dismissed as not maintainable. Accordingly, the appeal of the revenue is dismissed.

3.

In the result, the revenue’s appeal is dismissed.

Pronounced in the open court on this 13th day of February, 2019.

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