INCOME TAX OFFICER WARD-1, HOSPET vs. M/S MAHAVEERA MINORITY CREDIT CO-OPERATIVE SOCIETY LTD, HUVINAHADAGALI

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ITA 2151/BANG/2017Status: DisposedITAT Bangalore11 January 2018AY 2014-152 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 noted that the tax effect was below the threshold specified by CBDT instructions for filing appeals. Therefore, the appeal was dismissed as not maintainable.

What were the facts?

The Revenue filed an appeal before the ITAT against the order of the CIT(A). The tax effect in the appeal was significantly below Rs. 10 Lacs. The assessee did not appear for the hearing.

What were the issues?

The primary issue was the maintainability of the revenue's appeal before the ITAT due to a low tax effect, contrary to CBDT instructions.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, BANGALORE BENCH ‘SMC – B’, BANGALORE

Before: SHRI A.K.GARODIA, ACCOUNANT MEMBER

For Respondent: Dr. G. Manoj Kumar, Addl. CIT DR

This appeal is filed by the revenue which is directed against the order of CIT (A) – Gulbarga dated 14.09.2017 for A. Y. 2014 – 15.

2.

None appeared on behalf of the assessee but it was noticed that the tax effect in this appeal of the revenue is much below Rs. 10 Lacs and hence, this appeal was heard ex parte qua the assessee. At the very outset, it was pointed out by the bench that the tax effect in this appeal is much below Rs. 10 Lacs because the returned income is nil and the assessed income is Rs. 549,960/- only and hence, even if the entire addition is deleted by CIT (A) and the revenue is in appeal for entire such deletion, then also, the tax effect will be much below Rs. 10 lacs and as per the latest CBDT instructions, the revenue is not supposed to file an appeal before the tribunal if tax effect is less than Rs. 10 Lacs. The bench wanted to know as to how this appeal is maintainable because of low tax effect. In reply, Learned DR of the revenue had nothing to say and he simply supported the assessment order.

3.

In view of the above discussion, this appeal of the revenue is dismissed as not maintainable on account of low tax effect.

4.

In the result, the appeal of the revenue is dismissed.

Order pronounced in the open court on the date mentioned on the caption page.

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