Deputy Commissioner of Income tax, Circle-7(1)(2), Bangalore V. M/s Vidya Herbs Pvt Ltd, Bangalore

ITA 1762/BANG/2017

• Counselvise Citation: [2018] 119 COUNSELVISE.COM (IT) 2085 (ITAT-BANGALORE)
• Duration Of Justice: 1 year(s) 2 month(s) 5 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 06-11-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2012-2013
• Appeal Filed On: 31-08-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SRINANDINI DAS
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL BANGALORE BENCH A BEFORE SHRI SUNIL KUMAR YADAV, JUDICIAL MEMBER AND SHRI A. K. GARODIA, ACCOUNTANT MEMBER I.T.A. NO. 1762/BANG/2017 (ASSESSMENT YEAR: 2012 13) DCIT, CIRCLE 7 (1) (2), APPELLANT BANGALORE. VS. M/S. VIDYA HERBS PVT. LTD., NO. 30, 33 RD MAIN, 16 TH CROSS, 6 TH PHASE, J. P. NAGAR, BANGALORE 560078. PAN AABCV9009Q RESPONDENT ASSESSEE BY : NONE RE VENUE BY : S MT. SRINANDINI DAS, ADDL. C IT DR . DATE OF HEARING : 06. 11.2018. DATE OF PRONOUNCEMENT : 0 6.11.2018. O R D E R PER SHRI A. K. GARODIA, A.M. : THIS APPEAL IS FILED BY THE REVENUE AND THIS APPE AL IS DIRECTED AGAINST THE ORDER OF THE CIT (A) 7, BANGALORE DATED 30.01.201 7 FOR A. Y. 2012 - 13. 2. IN THIS CASE, AS PER THE ASSESSMENT ORDER, THE R ETURNED INCOME IS RS. 294,82,500/- AND THE ASSESSED INCOME IS RS. 331,90, 376/- AFTER AN ADDITION OF RS. 37,07,876/- AND WHEN THE ASSESSEE CARRIED THE MATTE R IN APPEAL BEFORE CIT (A), HE DELETED THIS ADDITION AND THE REVENUE IS NOW IN APP EAL BEFORE THE TRIBUNAL AGAINST THIS ORDER OF CIT (A). HENCE, IT IS SEEN THAT THE TAX E FFECT IN THIS CASE IS BELOW RS. 20 LACS AND THEREFORE, AS PER THE RECENT CBDT INSTRUCT IONS AS PER CIRCULAR NO. 3/2018 DATED 11.07.2018, THIS APPEAL OF THE REVENUE IS NOT MAINTAINABLE. WHEN THIS WAS POINTED OUT BY THE BENCH, THE LEARNED DR OF THE REV ENUE HAD NOTHING TO SAY. 3. HENCE, WE HEARD THIS APPEAL EX PARTE QUA THE ASS ESSEE AND HOLD THAT AS PER THE RECENT CBDT INSTRUCTIONS AS PER CIRCULAR NO. 3/ 2018 DATED 11.07.2018, THIS APPEAL OF THE REVENUE IS NOT MAINTAINABLE. ACCORDI NGLY, THIS APPEAL OF THE REVENUE IS DISMISSED BECAUSE OF LOW TAX EFFECT. 2 ITA NO.1762/BANG/2017 4. IN THE RESULT, THE APPEAL OF THE REVE NUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON THE DATE OF HEARING AFTER CONCLUSION OF HEARING. SD/- SD/- (SUNIL KUMAR YADAV) (A. K. GARODIA) JUDICIAL MEMBER ACCOUNTANT MEMBER BANGALORE, DATED: 06.11.2018. MS* COPY TO: 1. APPELLANT 4. CIT(A) 2. RESPONDENT 5. DR, ITAT, BANGALORE 3. CIT 6. GUARD FILE BY ORDER ASSISTANT REGISTRAR, INCOME TAX APPELLATE TRIBUNAL, BANGALORE.