Assistant Commissioner of Income Tax, Circle-4(1)(2), Bengaluru V. M/s. MHM Holdings Pvt Ltd, Bengaluru

ITA 115/BANG/2018

• Counselvise Citation: [2019] 115 COUNSELVISE.COM (IT) 8412 (ITAT-BANGALORE)
• Duration Of Justice: 1 year(s) 9 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 10-10-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2010-2011
• Appeal Filed On: 10-01-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SOUMYA K
• Assessee Lawyers: DR PALANI KUMAR
• Keywords: Tax effect; TDS
• Section: 201

Judgement Text

ITA NO. 115 ( B)/201 8 1 IN THE INCOME TAX APPELLATE TRIBUNAL BANGALORE BENCHES : B, BANGALORE BEFORE SHRI B.R.BASKARAN, ACCOUNTANT MEMBER AND SHRI BEENA PILLAI, JUDICAL MEMBER ITA NO.115(BANG)/2018 (ASSESSMENT YEAR : 2010 - 11) THE ASST. COMMISSIONER OF INCOME TAX, CIRCLE - 4(1)(2),BMTC BUILDING, KORAMANGALA, BANGALORE. APPELLANT VS M/S MHM HOLDINGS PVT.LTD., NO.52, BASAPPA ROAD, SHANTINAGAR, BANGALORE560 0 27 PAN NO. AAVBCM6614L RESPONDENT REVENUE BY : DR.PALANI KUMAR, ADDL. CIT APPELLANT BY : S MT. SOUMYA, K. A DVOCATE DATE OF HEARING : 09 - 1 0 - 2019 DATE OF PRONOUNCEMENT : 10 - 10 - 2019 O R D E R PER S MT. BEENA PILLAI, JUD ICIAL MEMBER THIS APPEAL HAS BEEN FILED BY REVENUE AGAINST ORDER OF LD.CIT(A) - 4 , BANGALORE DATED 2 7.10 .201 7 FOR ASSESSMENT YEAR 201 0 - 11 . 2. WE HAVE CONSIDERED RIVAL SUBMISSIONS BY BOTH SIDES. ITA NO. 115 ( B)/201 8 2 3. AS PER LATEST NOTIFICATION ISSUED BY CBDT, NO APPEAL IS TO BE FILED BEFORE TRIBUNAL, IF TAX EFFECT IS BELOW RS.50.00 LAKHS AND SINCE IN PRESENT CASE, TAX EFFECT OF ALLEGED ISSUE IS BELOW RS.50.00 LAKHS, APPEAL OF REVENUE IS NOT MAINTAINABLE DUE TO LOW TAX . THIS IS BY NOW SETTLED POSITION OF LAW THAT CBDT INSTRUCTION IS APPLICABLE TO PENDING APPEALS . HENCE, WE DISMISS THE REVENUES APPEAL ON NON - MAINTAINABILITY DUE TO L OW TAX EFFECT. 4 . IN THE RESULT, APPEAL FILED BY REVENUE IS DISMISSED. ORDER P RONOUNCED IN THE OPEN COURT ON 10 - 10 - 2019. SD/ - S D/ - ( B.R.BASKARAN ) ( BEENA PILLAI ) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 10 - 10 - 2019 *AM COPY OF THE ORDER FORWARDED TO: 1.APPELLANT; 2.RESPONDENT; 3.CIT; 4.CIT(A); 5. DR 6. ITO (TDS) 7.GUARD FILE BY ORDER ASST. REGISTRAR ITA NO. 115 ( B)/201 8 3