Asst.C.I.T., Bangalore V. M/s Bosch Limited, Bangalore

ITA 1555/BANG/2014

• Counselvise Citation: [NaN] 107 COUNSELVISE.COM (IT) 2105 (ITAT-BANGALORE)
• Duration Of Justice: 7 year(s) 1 month(s) 30 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 03-02-2022
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2009-2010
• Appeal Filed On: 04-12-2014
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: SUMER SINGH MEENA
• Section: 32; 147; 131; 68; 246; 69; 145; 27; 148; 54; 37; 6; 56; 263; 63; 132; 12; 28; 144; 10; 90; 154; 2; 11; 15; 271(1)(b); 139; 92

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL ‘A’ BENCH : BANGALORE BEFORE SHRI. CHANDRA POOJARI, ACCOUNTANT MEMBER AND SMT. BEENA PILLAI, JUDICIAL MEMBER IT(TP)A No. 1555/Bang/2014 Assessment Year : 2009-10 The Assistant Commissioner of Income Tax LTU, Circle – I, Bangalore. Vs. M/s. Bosch Limited, Hosur Road, Adugodi, Bangalore – 560 030. PAN: AAACM9840P APPELLANT RESPONDENT Assessee by : Ms. Manasa Ananthan, CA Revenue by : Shri Sumer Singh Meena, CIT DR (OSD) Date of Hearing : 03-02-2022 Date of Pronouncement : 03-02-2022 ORDER PER BEENA PILLAI, JUDICIAL MEMBER Present appeal is filed by revenue against the order dated 28/08/2014 passed by Ld.CIT(A), LTU, Bangalore for assessment year 2009-10 on following grounds of appeal: “1. The order of learned CIT(A) is opposed to law and facts of the case. 2. The CIT(A) has erred in holding that the expenditure of Rs. 56,42,863/- on application software as revenue expenditure. 3. For these and such other grounds that may be urged at the time of hearing.” 2. At the time of hearing, it was brought to the knowledge of the Bench the tax effect in the appeal is below Rs.50 lakhs therefore Page 2 of 2 IT(TP)A No. 1555/Bang/2014 covered by CBDT Circular No.17/2019 Dt.8.8.2019. We find as per the CBDT Circular No.17/2019 Dt.8.8.2019, no appeal shall be filed by the Revenue before the Tribunal where the tax effect is below Rs.50 lakhs in respect of all pending appeals. In the present case, the quantum of expenditure disallowed in respect of the issues alleged by the Revenue is Rs. 56,42,863/- on which Ld.CIT(A) granted relief. Admittedly, the tax demand on the alleged issue by the Revenue is below Rs. 50 Lakhs and circular is applicable to the pending appeals. Hence we dismiss the Revenue’s appeal on maintainability due to low tax effect. 3. In the result, appeal of the Revenue is dismissed. Order pronounced in the open court on 03 rd February, 2022. Sd/- Sd/- (CHANDRA POOJARI) (BEENA PILLAI) Accountant Member Judicial Member Bangalore, Dated, the 03 rd February, 2022. /MS / Copy to: 1. Appellant 4. CIT(A) 2. Respondent 5. DR, ITAT, Bangalore 3. CIT 6. Guard file By order Assistant Registrar, ITAT, Bangalore