INCOME TAX OFFICER WARD-6(2)(1), BANGALORE vs. M/S GRADUATES CO-OPERATIVE CREDIT SOCIETY LTD, BANGALORE

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ITA 1631/BANG/2017Status: DisposedITAT Bangalore24 November 2017AY 2012-132 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 appeal filed by the Revenue was not maintainable due to low tax effect. Consequently, the appeal was dismissed on this ground.

What were the facts?

The Revenue filed an appeal against the order of the CIT(A) for AY 2012-13. The assessed income was Rs. 17,66,930/- while the returned income was NIL. The Tribunal noted that the tax effect was below the threshold for filing an appeal as per CBDT instructions.

What were the issues?

The primary issue was the maintainability of the Revenue's appeal before the Tribunal given the low tax effect, as per 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 Appellant: Shri Ramasubramanian, C. A
For Respondent: Shri Palani Kumar, Addl. CIT

O R D E R PER A. K. GARODIA, A.M.: This appeal is filed by the revenue which is directed against the order of CIT (A) – (6) Bengaluru dated 20.02.2017 for A. Y. 2012 – 13.

2.

At the very outset, it was pointed out by the bench that the assessed income is Rs. 17,66,930/- only as against returned income of Rs. NIL and therefore, even if the entire addition is deleted by CIT (A) and appeal is filed by the revenue for entire such deletion than also, the tax effect will be much below Rs. 10 lacs and as peer 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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