Deputy Commissioner of Income Tax Circle-6(2)(1), BAngalore V. M/s Karle Properties , BAngalore

ITA 2253/BANG/2018

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 6046 (ITAT-BANGALORE)
• Duration Of Justice: 9 month(s) 7 day(s)
• Appeal Type: Income Tax (Transfer Pricing) Appeal
• Pronouncement Date: 01-05-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2014-2015
• Appeal Filed On: 25-07-2018
• 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. 2253/BANG/2018 (ASSESSMENT YEAR: 2014 15) THE DEPUTY COMMISSIONER OF INCOME TAX , CIRCLE 6 (2) (1), APPELLANT. BANGALORE. VS. M/S. KARLE PROPERTIES, NO. 151, INDUSTRIAL SUBURB, YESWANTHPUR, BANGALORE 560022. PAN AABFK1537B 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) 6, BANGALORE DATED 13.03.2018 FOR A. Y. 2014 - 15. 2. AT THE VERY OUTSET, IT WAS POINTED OUT BY THE BE NCH TO THE LEARNED DR OF THE REVENUE THAT IN THIS APPEAL, THE TAX EFFECT IS BELO W RS. 20 LACS AND THEREFORE, AS PER THE RECENT CBDT INSTRUCTIONS AS PER CIRCULAR NO. 3/2018 DATED 11.07.2018, THIS APPEAL OF THE REVENUE IS NOT MAINT AINABLE. IN REPLY, LEARNED DR OF THE REVENUE HAD NOTHING TO SAY. 3. WE FIND THAT IN THIS APPEAL, THE TAX EFFECT IS B ELOW RS. 20 LACS AND THEREFORE, AS PER THE RECENT CBDT INSTRUCTIONS AS PER CIRCULAR NO . 3/2018 DATED 11.07.2018, THIS APPEAL OF THE REVENUE IS NOT MAINTAINABLE. AC CORDINGLY, THIS APPEAL OF THE REVENUE IS DISMISSED BECAUSE OF LOW TAX EFFECT. 2 ITA NO.2253/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.