Assistant Commissioner of Income Tax, Central Circle-1(4), Bangalore V. Shir. D Santhosh, Bangalore

ITA 1897/BANG/2018

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 6008 (ITAT-BANGALORE)
• Duration Of Justice: 11 month(s)
• Appeal Type: Income Tax (Transfer Pricing) Appeal
• Pronouncement Date: 01-05-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2013-2014
• Appeal Filed On: 31-05-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: M NARSIMHA RAJU
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL BANGALORE BENCH C BEFORE SHRI N. V. VASUDEVANV, JUDICIAL MEMBER AND SHRI A. K. GARODIA, ACCOUNTANT MEMBER I.T.A. NO. 1897/BANG/2018 (ASSESSMENT YEAR: 2013 14) ACIT, CENTRAL CIRCLE, 1 (4) APPELLANT BENGALURU. VS. SHRI D. SANTOSH, ADD NO. 354, F BLOCK, SAHAKAR NAGAR, BENGALURU 560092. PAN AULPS4530N RESPONDENT ASSESSEE BY : NONE RE VENUE BY : S HRI M. NARSIMHA RAJU, JC IT ( DR ) DATE OF HEARING : 01.0 8.2018. DATE OF PRONOUNCEMENT : 0 3.08.2018. O R D E R PER SHRI A. K. GARODIA, A.M. : THIS APPEAL IS FILED BY THE REVENUE AND THIS APPEAL IS DIRECTED AGAINST THE ORDER OF THE CIT (A) - 11, BANGALORE DATED 27.03.2018 FOR A. Y. 2013 - 14. 2. AT THE VERY OUTSET, IT WAS SUBMITTED BY THE LEAR NED AR OF THE ASSESSEE THAT IN THIS APPEAL, THE TAX EFFECT IS BELOW RS. 20 LACS AN D THEREFORE, AS PER THE CBDT INSTRUCTIONS AS PER CIRCULAR NO. 3/2018 DATED 11.07 .2018, THIS APPEAL OF THE REVENUE IS NOT MAINTAINABLE. LEARNED DR OF THE REV ENUE HAD NOTHING TO SAY. 3. WE HAVE CONSIDERED THE SUBMISSIONS OF THE LEARNE D AR OF THE ASSESSEE AND WE ALSO FIND THAT IN THIS APPEAL, THE TAX EFFECT IS BELOW RS. 20 LACS AND THEREFORE, AS PER THE CBDT INSTRUCTIONS AS PER CIRC ULAR NO. 3/2018 DATED 11.07.2018, THIS APPEAL OF THE REVENUE IS NOT MAINT AINABLE. ACCORDINGLY, THIS APPEAL OF THE REVENUE IS DISMISSED BECAUSE OF LOW T AX EFFECT. 2 ITA NO.1897/BANG/2018 4. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISM ISSED. ORDER PRONOUNCED IN THE OPEN COURT ON THE DA TE MENTIONED ON THE CAPTION PAGE. SD/- SD/- (N. V. VASUDEVAN) (A. K. GARODIA) JUDICIAL MEMBER ACCOUNTANT MEMBER BANGALORE, DATED: 03.08.2018. MS* COPY TO: 1. APPELLANT 4. CIT(A) 2. RESPONDENT 5. DR, ITAT, BANGALORE 3. CIT 6. GUARD FILE BY ORDER SENIOR PRIVATE SECRETARY, INCOME TAX APPELLATE TRIBUNAL, BANGALORE.