Deputy Commissioner Of Income Tax, Circle - 1(1)(2), Bangalore V. M/s. Baljess Hotels & Real Estates Private Limited, Bangalore

ITA 2507/BANG/2019

• Counselvise Citation: [2020] 111 COUNSELVISE.COM (IT) 5116 (ITAT-BANGALORE)
• Duration Of Justice: 2 month(s) 8 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 18-02-2020
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2016-2017
• Appeal Filed On: 10-12-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: R.B. KRISHNA
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH : BANGALORE BEFORE SHRI N.V. VASUDEVAN, VICE PRESIDENT AND SHRI B.R. BASKARAN, ACCOUNTANT MEMBER ITA NO.2507/BANG/2019 ASSESSMENT YEAR : 2016-17 THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 1(1)(2), BANGALORE. VS. M/S. BALJEES HOTELS & REAL ESTATES PVT. LTD., NO.11, PARK ROAD, SHIVAJI NAGAR, BANGALORE 560 051. PAN: AAACB 9199C APPELLANT RESPONDENT CO NO.4/BANG/2020 [IN ITA NO.2507/BANG/2019 ] ASSESSMENT YEAR : 2016-17 THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 1(1)(2), BANGALORE. VS. M/S. BALJEES HOTELS & REAL ESTATES PVT. LTD., NO.11, PARK ROAD, SHIVAJI NAGAR, BANGALORE 560 051. PAN: AAACB 9199C CROSS OBJECTOR RESPONDENT REVENUE BY : SHRI PRIYADARSHI MISHRA, JT.CIT(DR)(IT AT), BENGALURU. ASSESSEE BY : SHRI R.B. KRISHNA, ADVOCATE DATE OF HEARING : 18.02.2020 DATE OF PRONOUNCEMENT : 18.02.2020 ITA NO.2507/BANG/2019 & CO NO.4/BANG/2020 PAGE 2 OF 3 O R D E R PER N.V. VASUDEVAN, VICE PRESIDENT THIS APPEAL IS BY THE REVENUE AGAINST THE ORDER DATED 30.9.2019 OF THE CIT(APPEALS)-I, BENGALURU FOR THE ASSESSMENT YE AR 2016-17. 2. ADMITTEDLY, THE TAX EFFECT IN THIS APPEAL BY T HE REVENUE IS LESS THAN RS.50 LAKHS. IN VIEW OF THE CBDT IN CIRCULAR NO.17/2019, DATED 08.08.2019 , THE REVENUE CANNOT FILE APPEALS BEFORE THE TRIBUN AL WHERE THE TAX EFFECT IS LESS THAN RS.50 LAKHS. SINCE THE TAX EFFECT IN THE PRESENT APPEAL IS LESS THAN RS.50 LAKHS, THIS APPEAL OF THE REVENUE IS LIABLE TO BE DISMISSED AS NOT MAINTAINABLE. ACCORDINGLY, THE AP PEAL OF THE REVENUE IS DISMISSED. THE CO BY THE ASSESSEE WAS NOT PRESSED AND THE SAME IS DISMISSED. 3. IN THE RESULT, THE REVENUES APPEAL AND THE CO B Y THE ASSESSEE ARE DISMISSED. PRONOUNCED IN THE OPEN COURT ON THIS 18 TH DAY OF FEBRUARY, 2020. SD/- SD/- ( B R BASKARAN ) ( N.V. VAS UDEVAN) ACCOUNTANT MEMBER VICE PRESIDENT BANGALORE, DATED, THE 18 TH FEBRUARY, 2020. / D ESAI S MURTHY / ITA NO.2507/BANG/2019 & CO NO.4/BANG/2020 PAGE 3 OF 3 COPY TO: 1. REVENUE 2. ASSESSEE 3. CIT 4. CIT(A) 5. DR, ITAT, BANGALORE. 6. GUARD FILE BY ORDER ASSISTANT REGISTRAR, ITAT, BANGALORE.