Assistant commissioner Of Income Tax Central Circle-2(2), Bengaluru V. M/s A M R Power Pvt. Ltd., Bengaluru

ITA 1579/BANG/2018

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 3835 (ITAT-BANGALORE)
• Duration Of Justice: 2 year(s) 5 month(s) 24 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 05-11-2020
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Next Hearing Date: 04-11-2020
• Assessment Year: 2012-2013
• Appeal Filed On: 11-05-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: R PREMI
• Assessee Lawyers: K R VASUDEVAN
• Keywords: Tax effect
• Section: 13

Judgement Text

ITA NO.1579/BANG/2018 M/S. AMR POWER PVT. LTD., BANGALORE IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH: BANGALORE BEFORE SHRI B. R. BASKARAN, ACCOUNTANT MEMBER AND SMT. BEENA PILLAI, JUDICIAL MEMBER ITA NO.1579/BANG/2018 ASSESSMENT YEAR: 2012 13 ACIT, CENTRAL CIRCLE-2(2) BENGALURU VS. M/S. AMR POWER PVT. LTD. SUIT NO.701&702, 7 TH FLOOR PRESTIGE MERIDIAN II, M.G. ROAD BENGALURU-560 001 PAN NO : AAFCA2555G APPELLANT RESPONDENT APPELLANT BY : SHRI R. PREMI, D.R. RESPONDENT BY : SHRI K.R. VASUDEVAN, A.R. DATE OF HEARING : 04.11.2020 DATE OF PRONOUNCEMENT : 05.11.2020 O R D E R PER B.R. BASKARAN, ACCOUNTANT MEMBER: THE REVENUE HAS FILED THIS APPEAL CHALLENGING THE O RDER DATED 23-02-2018 PASSED BY LD CIT(A)-1, BENGALURU AND IT RELATES TO THE ASSESSMENT YEAR 2012-13. THE REVENUE IS CHALLENGIN G THE DECISION OF LD CIT(A) IN DELETING THE ADDITION OF RS.75,15,9 00/- MADE BY THE AO U/S 36(1)(III) OF THE ACT. 2. AT THE OUTSET, THE LD COUNSEL APPEARING FOR T HE ASSESSEE SUBMITTED THAT THE TAX EFFECT INVOLVED IN THE QUANT UM UNDER DISPUTE IS LESS THAN RS.50.00 LAKHS AND HENCE THE REVENUE I S PRECLUDED FROM PURSUING THIS APPEAL AS PER THE CIRCULAR NO.17/2019 DATED 08-08-2019 ISSUED BY CBDT. 3. THE LD D.R ACCEPTED THE FACTS PRESENTED BY LD A.R. ITA NO.1579/BANG/2018 M/S. AMR POWER PVT. LTD., BANGALORE PAGE 2 OF 2 4. SINCE THE TAX EFFECT INVOLVED IN THIS APPEAL IS LESS THAN RS.50.00 LAKHS, THE REVENUE IS PRECLUDED FROM PURSUING THIS APPEAL AS PER THE CIRCULAR NO.17/2019 DATED 08-08-2019 ISSUED BY CBDT . ACCORDINGLY, WE DISMISS THE APPEAL IN LIMINE. 5. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 5 TH NOV, 2020 SD/- (BEENA PILLAI) JUDICIAL MEMBER SD/- (B.R. BASKARAN) ACCOUNTANT MEMBER BANGALORE, DATED 5 TH NOV, 2020. VG/SPS COPY TO: 1. THE APPLICANT 2. THE RESPONDENT 3. THE CIT 4. THE CIT(A) 5. THE DR, ITAT, BANGALORE. 6. GUARD FILE BY ORDER ASST. REGISTRAR, ITAT, BANGALORE.