Income Tax Officer, Haveri V. M/s.Shiva Pattina Souharda Sahakari Ltd., Haveri

ITA 141/BANG/2017

• Counselvise Citation: [2018] 126 COUNSELVISE.COM (IT) 5610 (ITAT-BANGALORE)
• Duration Of Justice: 11 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 11-01-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2013-2014
• Appeal Filed On: 19-01-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: DR G MANOJ KUMAR
• Assessee Lawyers: SACHIN BASAVARAJ PATIL
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL BANGALORE BENCH SMC C, BANGALORE BEFORE SHRI A.K.GARODIA, ACCOUNANT MEMBER ITA NO.141 (BANG) 2017 (ASSESSMENT YEAR : 2013 14) THE ITO, WARD 2, HAVERI . APPEL LANT VS M/S. SHIVA PATTINA SOUHARDA SAHAKARI LTD., NEAR OLD BUS STAND, RANIBENNUR ROAD, RATTIHALLY POST, HIREKERUR TQ., DIST.: HAVERI PAN. AAFAS0247K RESPONDENT ASSESSEE BY : SHRI SACHIN BASAVARAJ PATIL, C. A. REVENUE BY : DR. G. MANOJ KUMAR, ADDL. CIT DR DATE OF HEARING : 09-01-2018 DATE OF PRONOUNCEMENT : 1 1-01-2018 O R D E R PER A. K. GARODIA, A.M.: THIS APPEAL IS FILED BY THE REVENUE WHICH IS DIRECT ED AGAINST THE ORDER OF CIT (A) DAVANGERE DATED 29.09.2016 FOR A. Y. 2013 14. 2. AT THE VERY OUTSET, IT WAS POINTED OUT BY THE BE NCH THAT THE TAX EFFECT IN THIS APPEAL IS RS. 271,970/- ONLY AND AS PER THE LATEST CBDT INSTRUCTIONS, THE REVENUE IS NOT SUPPOSED TO FILE AN APPEAL BEFORE TH E TRIBUNAL IF TAX EFFECT IS LESS THAN RS. 10 LACS. THE BENCH WANTED TO KNOW AS TO HO W THIS APPEAL IS MAINTAINABLE BECAUSE OF LOW TAX EFFECT. IN REPLY, L EARNED DR OF THE REVENUE HAD NOTHING TO SAY AND HE SIMPLY SUPPORTED THE ASSE SSMENT ORDER. 3. IN VIEW OF THE ABOVE DISCUSSION, THIS APPEAL OF THE REVENUE IS DISMISSED AS NOT MAINTAINABLE ON ACCOUNT OF LOW TAX EFFECT. ITA NO. 141(BANG)2017 2 4. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISM ISSED. ORDER PRONOUNCED IN THE OPEN COURT ON THE DATE MENT IONED ON THE CAPTION PAGE. SD/- ( A .K. GARODIA ) ACCOUNTANT MEMBER BANGALORE D A T E D : 11.01.2018 /MS/ COPY TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR, ITAT, BANGALORE. 6. GUARD FILE BY ORDER SENIOR PRIVATE SECRETARY, INCOME TAX APPELLATE TRIBUNAL, BANGALORE.