Income TAx officer Ward-1 , Hospet V. M/s Mahaveera Minority Credit Co-operative Society Ltd , Huvinahadagali

ITA 2151/BANG/2017

• Counselvise Citation: [2018] 126 COUNSELVISE.COM (IT) 5632 (ITAT-BANGALORE)
• Duration Of Justice: 2 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 11-01-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2014-2015
• Appeal Filed On: 10-11-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: DR G MANOJ KUMAR
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL BANGALORE BENCH SMC B, BANGALORE BEFORE SHRI A.K.GARODIA, ACCOUNANT MEMBER ITA NO.2151 (BANG) 2017 (ASSESSMENT YEAR : 2014 15) THE ITO, WARD 1, HOSPET. APPELLANT VS M/S. MAHAVEERA MINORITY CREDIT CO OPERATIVE SOCIE TY LTD., MAIN BAZAR, HUVINAHADAGALI 583219. PAN. AAAAM4533H RESPONDENT ASSESSEE BY : NONE REVENUE BY : DR. G. MANOJ KUMAR, ADDL. CIT DR DATE OF HEARING : 10-01-2018 DATE OF PRONOUNCEMENT : 11-01-2018 O R D E R PER A. K. GARODIA, A.M.: THIS APPEAL IS FILED BY THE REVENUE WHICH IS DIRECT ED AGAINST THE ORDER OF CIT (A) GULBARGA DATED 14.09.2017 FOR A. Y. 2014 15. 2. NONE APPEARED ON BEHALF OF THE ASSESSEE BUT IT W AS NOTICED THAT THE TAX EFFECT IN THIS APPEAL OF THE REVENUE IS MUCH BELOW RS. 10 LACS AND HENCE, THIS APPEAL WAS HEARD EX PARTE QUA THE ASSESSEE. AT THE VERY OU TSET, IT WAS POINTED OUT BY THE BENCH THAT THE TAX EFFECT IN THIS APPEAL IS MUC H BELOW RS. 10 LACS BECAUSE THE RETURNED INCOME IS NIL AND THE ASSESSED INCOME IS RS. 549,960/- ONLY AND HENCE, EVEN IF THE ENTIRE ADDITION IS DELETED BY CI T (A) AND THE REVENUE IS IN APPEAL FOR ENTIRE SUCH DELETION, THEN ALSO, THE TAX EFFECT WILL BE MUCH BELOW RS. 10 LACS AND AS PER THE LATEST CBDT INSTRUCTIONS, TH E REVENUE IS NOT SUPPOSED TO FILE AN APPEAL BEFORE THE TRIBUNAL IF TAX EFFECT IS LESS THAN RS. 10 LACS. THE BENCH WANTED TO KNOW AS TO HOW THIS APPEAL IS MAINT AINABLE BECAUSE OF LOW TAX EFFECT. IN REPLY, LEARNED DR OF THE REVENUE HAD NOT HING TO SAY AND HE SIMPLY SUPPORTED THE ASSESSMENT ORDER. ITA NO. 2151(BANG)2017 2 3. IN VIEW OF THE ABOVE DISCUSSION, THIS APPEAL OF THE REVENUE IS DISMISSED AS NOT MAINTAINABLE ON ACCOUNT OF LOW TAX EFFECT. 4. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISM ISSED. ORDER PRONOUNCED IN THE OPEN COURT ON THE DATE MENT IONED ON THE CAPTION PAGE. SD/- ( A .K. GARODIA ) ACCOUNTANT MEMBER BANGALORE D A T E D : 11.01.2018 /MS/ COPY TO: 1. APP ELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR, ITAT, BANGALORE. 6. GUARD FILE BY ORDER SENIOR PRIVATE SECRETARY, INCOME TAX APPELLATE TRIBUNAL, BANGALORE.