JCIT, Bangalore V. M/s Parry Sugar Industries Ltd., Bangalore

ITA 1114/BANG/2016

• Counselvise Citation: [2019] 118 COUNSELVISE.COM (IT) 4172 (ITAT-BANGALORE)
• Duration Of Justice: 2 year(s) 8 month(s) 14 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 13-02-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2011-2012
• Appeal Filed On: 30-05-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH : BANGALORE BEFORE SHRI N.V. VASUDEVAN, VICE PRESIDENT AND SHRI B.R. BASKARAN , ACCOUNTANT MEMBER ITA NO. 1114/ BANG / 2016 ASSESSMENT YEAR : 2011 - 12 THE JOINT COMMISSIONER OF INCOME TAX (OSD), CIRCLE 5(1)(2), BANGALORE. VS. M/S. PARRY SUGAR INDUSTRIES LTD., 3 RD FLOOR, 1/2, VENUS BUILDING, KALYANAMANTAPA ROAD, JAKKASANDRA, KORAMANGALA, BANGALORE 560 034. P AN: AA JCA 3247R APP ELL ANT RESPONDENT APPELLANT B Y : SHRI PR ADEEP KUMAR, CIT(DR)(ITAT) , BENGAL URU. RES PO NDENT BY : NONE DATE OF HEARING : 21 . 0 1 . 2 0 1 9 DATE OF PRONOUNCEMENT : 13. 02 . 2 0 1 9 O R D E R PER N.V. VASUDEVAN, VICE PRESIDENT THIS APPEAL IS BY THE REVENUE AGAINST THE ORDER DATED 29.02.2016 OF THE CIT(APPEALS)-5, BENGALURU, FOR THE ASSESSMENT Y EAR 2011-12. 2. ADMITTEDLY, THE TAX EFFECT IN THIS APPEAL BY T HE REVENUE IS LESS THAN RS.20 LAKHS. IN VIEW OF THE CBDT CIRCULAR NO.3/201 8 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, THIS APPEAL OF THE REVENUE IS LIA BLE TO BE DISMISSED AS NOT MAINTAINABLE. ACCORDINGLY, THE APPEAL OF THE REVEN UE IS DISMISSED. ITA NO.1114/B/2016 PAGE 2 OF 2 3. IN THE RESULT, THE REVENUES APPEAL IS DISMISSE D. PRONOUNCED IN THE OPEN COURT ON THIS 13 TH DAY OF FEBRUARY, 2019. SD/- SD/- ( B.R. BASKARAN ) ( N.V . VASUDEVAN ) ACCOUNTANT MEMBER VICE PRESIDENT BANGALORE, DATED, THE 13 TH FEBRUARY, 2019. / D ESAI S MURTHY / COPY TO: 1. APP ELL ANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR, ITAT, BANGALORE. 6. GUARD FILE BY ORDER ASSISTANT REGISTRAR, ITAT, BANGALORE.