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

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ITA 871/BANG/2018Status: DisposedITAT Bangalore11 October 2018AY 2011-123 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 in view of CBDT Circular No. 3/2018, appeals with a tax effect below Rs. 20 lakhs are not maintainable. Consequently, the revenue's appeals were dismissed.

What were the facts?

The revenue filed appeals before the ITAT against the order of the CIT(Appeals) for multiple assessment years. The tax effect in these appeals was less than Rs. 20 lakhs.

What were the issues?

The primary issue was the maintainability of revenue's appeals before the ITAT due to low tax effect as per CBDT circular.

Which sections of the Income-tax Act were involved?

Not Applicable

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “B” BENCH : BANGALORE

Before: SHRI N.V. VASUDEVAN & SHRI A.K. GARODIA

For Appellant: Shri Narendra Sharma, Advocate
For Respondent: Smt. Sree Nandini Das, Addl.CIT(DR)(ITAT), Bengaluru, Shri Narendra Sharma, Advocate
Hearing: 11.10.2018Pronounced: 11.10.2018

O R D E R Per Bench

The appeals are by the revenue and cross objections are filed by the assessee against the common order dated 21.01.2017 of the CIT(Appeals)-11, Bengaluru, relating to assessment years 2010-11 to 2012-13 & 2014-15.

2.

Admittedly, the tax effect in this appeal by the revenue is less than Rs.20 lakhs as follows:- effect (Rs.) 870/Bang/2018 3,54,300 871/Bang/2018 5,44,489 872/Bang/2018 19,30,950 874/Bang/2018 4,49,750

3.

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, all the appeals of the revenue are liable to be dismissed as not maintainable. Accordingly, the appeals of the revenue are dismissed.

4.

Since the appeals are dismissed for low tax effect, the cross objections of the assessee were not pressed and they are also dismissed as not pressed. to 872 & 874/B/18 CO Nos.67 to 69, 71/B/18 Page 3 of 3

5.

In the result, all the revenue’s appeals as well as all the cross objections of the assessee are dismissed.

Pronounced in the open court on this 11th day of October, 2018.

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