Shri. Narayana Gundappa, Bangalore V. Assistant Commissioner Of Income Tax, Circle- 1(3)(1), Bangalore

ITA 1554/BANG/2019

• Counselvise Citation: [2019] 112 COUNSELVISE.COM (IT) 2447 (ITAT-BANGALORE)
• Duration Of Justice: 5 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 29-11-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2014-2015
• Appeal Filed On: 28-06-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: S UNIL KUMAR AGRWAL
• Assessee Lawyers: SHREYA L
• Keywords: Tax effect; TDS
• Section: 200A; 201

Judgement Text

ITA N O . 1534 (B )/201 9 1 IN THE INCOME TAX APPELLATE TRIBUNAL BANGALORE BENCHES : A , BANGALORE BEFORE SHRI B.R.BASKARAN , ACCOUNTANT MEMBER AND S MT. BEENA PILLAI, JUDICAL MEMBER ITA NO. 153 4 (BANG)/201 9 (ASSESSMENT YEAR : 20 1 7 - 18 ) THE DEPUTY COMMISSIONER OF INCOME TAX, CIR C LE - 1 (1)(1) , HMT BHAVAN, BELLARY ROAD, BANGAL ORE - 560 032 . APPELLANT VS M/S ANZ OPERATIONS & TECHNOLOGY PVT.LTD. RMZ ECOWORLD CAMPUS, 5A,GROUND FLOOR, 4 - 9, SARJAPUR, MARATHAHALLI OUTER RING ROAD, VARTHUR HOBLI, BANGALORE - 560 103. PAN NO. BLRAO7007A RESPONDENT REVENUE BY : SHRI S UNIL KUMAR AGRWAL, ADDL. CIT APPELLANT BY : S MT SHREYA, L. CA DATE OF HEARING : 1 8 - 11 - 2019 DATE OF PRONOUNCEMENT : 18 - 11 - 2019 O R D E R PER SMT BEENA PILLAI , JUDICIAL MEMBER : THIS APPEAL HAS BEEN FILED BY THE REVENUE AGAINST ORDER OF THE LD.CIT(A) - 13 , BANGALORE DATED 2 5 .0 3 .201 9 FOR THE ASSESSMENT YEAR 201 7 - 18 . ITA N O . 1534 (B )/201 9 2 2. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS. WE FIND THAT AGAINST RETURN OF INCOME FILED BY THE ASSESSEE, LD.AO COMPUTED INTEREST U/S 200A VIDE INTIMATION DATED 05 - 12 - 2017AND 02 - 02 - 2017 AMOUNTING TO RS.10,29,620/ - AND RS.12,27,820/ - . THIS LEVY U/S 200A HAS BEEN DELE TED BY LD. CIT(A) , AGAINST WHICH REVE N UE IS IN A PPEAL. AS PER THE LATEST NOTIFICATION ISSUED BY CBDT, NO APPEAL IS REQUIRED TO BE FILED BEFORE THE TRIBUNAL, IF THE TAX EFFECT IS BELOW RS.50.00 LAKHS AND SINCE IN THE PRESENT CASE, THE 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 APPLICABL E TO PENDING APPEALS AND HENCE, APPEAL OF REVENUE IS DISMISSED DUE TO LOW TAX EFFECT. 3. WE ALSO NOTE TH A T IF REVENUE IS ABLE TO ESTABLISH EXISTENCE OF ANY EXCEPTIONAL CIRCUMSTANCES, THE APPEAL WOULD BE RECALLED. 4 . IN THE RESULT, THE APPEAL FILED BY THE REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 18 - 11 - 2019 SD/ - S D/ - ( B.R.BASKARAN ) ( BEENA P ILLAI ) ACCOUNTANT MEMB ER JUDICIAL MEMBER DATED: 18 - 11 - 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