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. Therefore, the revenue's appeal was dismissed on this ground.

The revenue filed an appeal against the CIT(A)'s order for AY 2004-05. The assessee's representative submitted that the tax effect in the appeal was below Rs. 20 Lakhs.

What were the issues?

The primary issue was the maintainability of the revenue's appeal due to low tax effect, as per CBDT instructions.

DCIT vs M/S Central Distilleries and… | ITAT Bangalore 2018

Income Tax Appellate Tribunal, “A” BENCH : BANGALORE

Before: SHRI ARUN KUMAR GARODIA & SHRI LALIET KUMAR

For Appellant: Smt. Swapna Das, Addl. CIT (DR)

For Respondent: Smt. Vaidehi .G, CA

Hearing: 12.11.2018Pronounced: 16.11.2018

O R D E R

Per Shri A.K. Garodia, Accountant Member

This appeal is filed by the revenue and the same is directed against the order of ld. CIT (A), Mysore dated 30.09.2016 for Assessment Year 2004- 05.

The grounds raised

by the revenue are as under.

1. The order of the learned CIT(A) is opposed to law and facts of the case. 2. "Whether on the facts and in the circumstances of the case, the CIT(A) was justified in law in not considering that the re- assessment order was passed in the name of M/s. Central Distilleries & Breweries Ltd., (now amalgamated with M/s. United Spirits Ltd.,)"? 3. "The CIT(A) erred in not considering that there was no procedural defect in the order since the name of the amalgamated entity has also been mentioned in the notice and also in the re- assessment order". 4. "The CIT(A) erred in law in not considering that the assessee had itself mentioned the name of the company as M/s. Central Distilleries & Breweries Ltd,(since amalgamated with Maharashtra Distilleries Ltd.,……….now renamed as United Spirits Ltd.,), vide its letter dated 15.12.2011, filed before the Page 2 of 2 Assessing Officer"? 5. For these and other grounds that may be urged at the time of hearing, it is prayed that the order of the CIT(A) in so far as it relates to the above grounds may be reversed and that of the Assessing Officer may be restored.

The appellant craves leave to add, alter, amend and/or delete any of the grounds mentioned above.”

At the very outset, the ld. AR of assessee submitted a working of tax effect in the present case as per which the tax effect is only Rs. 16.17 Lakhs i.e. the tax effect is below Rs. 20 Lacs and therefore, as per the recent CBDT instructions as per Circular No. 3/2018 dated 11.07.2018, this appeal of the revenue is not maintainable. Learned DR of the revenue had nothing to say.

We have considered the submissions of the learned AR of the assessee and we also find that in this appeal, the tax effect is below Rs. 20 Lacs and therefore, as per the recent CBDT instructions as per Circular No. 3/2018 dated 11.07.2018, this appeal of the revenue is not maintainable. Accordingly, this appeal of the revenue is dismissed because of low tax effect.

In the result, the appeal of the revenue is dismissed. Order pronounced in the open court on the date mentioned on the caption page.

DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-7(1)(1), BANGALORE vs. M/S CENTRAL DISTILLERIES AND BREWERIES LIMITED, BANGALORE

What did the Tribunal hold?

What were the facts?

What were the issues?

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