Appeal Details
Counselvise Citation
[2019] 116 COUNSELVISE.COM (IT) 2683 (ITAT-BANGALORE)
Assessee PAN
Bench
Appeal Number
Duration Of Justice
1 year(s) 25 day(s)
Appellant
Respondent
Appeal Type
Cross Objection
Pronouncement Date
28-08-2019
Appeal Filed By
Assessee
Order Result
Dismissed
Bench Allotted
A
Assessment Year
2012-2013
Appeal Filed On
02-08-2018
Judgement Text
IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH : BANGALORE BEFORE SHRI ARUN KUMAR GARODIA, ACCOUNTANT MEMBER AND SHRI PAVAN KUMAR GADALE, JUDICIAL MEMBER ITA NO. 2055 /BANG/201 7 ASSESSMENT YEAR : 20 1 2 - 1 3 THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 7 (1) (2), BANGALORE. VS. M/S. VEVEO INDIA PVT. LTD., UNIT 801, 810, 8 TH FLOOR, TOWER B, CORPORATION BLOCK, DIAMOND DISTRICT, 150 AIRPORT ROAD, BANGALORE 560 008. PAN: AABCV9504G APPELLANT RESPONDENT & C.O. NO. 100/BANG/2018 (IN ITA NO. 2055/BANG/2017) ASSESSMENT YEAR : 2012-13 M/S. TIVO TECH PVT. LTD. (FORMERLY KNOWN AS VEVEO (INDIA) PVT. LTD., 10 TH FLOOR, PRIMROSE 7B, EMBASSY TECH VILLAGE, OUTER RING ROAD, DEVARABISANAHALLI VILAGE, BANGALORE 560 103. PAN: AABCV9504G VS. THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 7 (1) (2), BANGALORE. APPELLANT RESPONDENT ASSESSEE BY : SHRI T. SURYANARAYANA, ADVOCATE REVENUE BY : SHRI UJJWAL KUMAR, JCIT (DR) DATE OF HEARING : 1 4 .0 8 .2019 DATE OF PRONOUNCEMENT : 28 .08.2019 O R D E R PER SHRI A.K. GARODIA, ACCOUNTANT MEMBER THIS APPEAL IS FILED BY THE REVENUE AND THE C.O. IS FILED BY THE ASSESSEE AND THESE ARE DIRECTED AGAINST THE ORDER OF LD. CIT(A)-7, BANGALORE DATED 28.07.2017 FOR ASSESSMENT YEAR 2012-13. ITA NO. 2055/BANG/2017 & C.O. NO. 100/BANG/2018 PAGE 2 OF 2 2. BOTH SIDES WERE HEARD. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS. WE FIND THAT IN THIS CASE, AS PER THE RETURN OF INCOME FILED BY THE ASSESSEE, INCOME DECLARED WAS RS. 2,38,10,300/- AND ASSESSED INCOME WAS RS. 3,22,27,430/- AFTER MAKING ADDITION OF RS. 84,17,130/-. THIS ADDITION HAS BEEN DELETED BY LD. CIT(A) AND AGAINST THE SAME, THE APPEAL WAS FILED BY THE REVENUE AND THE C.O. IS FILED BY THE ASSESSEE WHICH IS MERELY IN SUPPORT OF THE ORDER OF LD. CIT(A). AS PER THE LATEST NOTIFICATION ISSUED BY CBDT, NO APPEAL IS REQUIRED TO BE FILED BY THE REVENUE BEFORE THE TRIBUNAL IF THE TAX EFFECT IS BELOW RS. 50 LAKHS AND SINCE IN THE PRESENT CASE, THE TAX EFFECT IS BELOW RS. 50 LAKHS, THE APPEAL OF THE REVENUE IS NOT MAINTAINABLE BECAUSE OF LOW TAX. THIS IS BY NOW A SETTLED POSITION OF LAW THAT CBDT INSTRUCTION IS APPLICABLE TO THE PENDING APPEALS ALSO AND HENCE, THIS APPEAL OF THE REVENUE IS DISMISSED BECAUSE OF LOW TAX EFFECT. THE C.O. FILED BY THE ASSESSEE IS IN SUPPORT OF THE ORDER OF LD. CIT(A) AND SINCE, THE APPEAL OF THE REVENUE IS DISMISSED AS NOT MAINTAINABLE, THE C.O. IS ALSO NOT MAINTAINABLE AND DISMISSED ACCORDINGLY. 3. IN THE RESULT, THE APPEAL FILED BY THE REVENUE AND THE C.O. FILED BY THE ASSESSEE ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON THE DATE MENTIONED ON THE CAPTION PAGE. SD/- SD/- (PAVAN KUMAR GADALE) (ARUN KUMAR GARODIA) JUDICIAL MEMBER ACCOUNTANT MEMBER BANGALORE, DATED, THE 28 TH AUGUST, 2019. /MS/ COPY TO: 1. APPELLANT 4. CIT(A) 2. RESPONDENT 5. DR, ITAT, BANGALORE 3. CIT 6. GUARD FILE BY ORDER ASSISTANT REGISTRAR, INCOME TAX APPELLATE TRIBUNAL, BANGALORE.
Mehul