D.C.I.T., Bangalore V. M/s Avnet India Pvt. Ltd., Bangalore

ITA 299/BANG/2015

• Counselvise Citation: [2019] 112 COUNSELVISE.COM (IT) 2431 (ITAT-BANGALORE)
• Duration Of Justice: 4 year(s) 8 month(s) 26 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 29-11-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2010-2011
• Appeal Filed On: 04-03-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: PADAMCHAND KHINCHA
• Keywords: Tax effect; TDS
• Section: 201

Judgement Text

IT (TP) A N O . 299 (B )/201 5 1 IN THE INCOME TAX APPELLATE TRIBUNAL BANGALORE BENCHES : B , BANGALORE BEFORE SHRI A.K.GARODIA , ACCOUNTANT MEMBER AND S MT. BEENA PILLAI, JUDICAL MEMBER IT (TP) A NO. 299 (BANG)/201 5 (ASSESSMENT YEAR : 20 1 0 - 11 ) THE DEPUTY COMMISSIONER OF INCOME TAX, CIR C LE - 1 (1)(1) , BMTC BUILDING, KORAMANGALA, BANGAL ORE. APPELLANT VS M/S AVNET INDIA PVT.LTD., NO.402, 4 TH FLOOR, RMZ INFINITY TOWER - B, NO.3, OLD MADRAS ROAD, BANGALORE560 0 16 PAN NO. A ACCA0481G RESPONDENT REVENUE BY : MS. NEERA MALHOTRA, CIT,DR APPELLANT BY : S HRI PADAMCHAND KHINCHA, CA DATE OF HEARING : 07 - 11 -- 2019 DATE OF PRONOUNCEMENT : 15 - 11 - 2019 O R D E R PER S MT. BEENA PILLAI, JUDICIAL MEMBER THIS APPEAL HAS BEEN FILED BY THE REVENUE AGAINST ORDER OF THE LD. D CIT, BANGALORE DATED 23 - 01 - 2015 FOR THE ASSESSMENT YEAR 201 0 - 11 . IT (TP) A N O . 299 (B )/201 5 2 2. WE HAVE CONSIDERED RIVAL SUBMISSIONS BY BOTH SIDES. 3. LD.CIT,DR FILED BEFORE US COMPUTATION OF TAX EFFECT IN PRESENT CASE AMOUNTING TO RS.5,59,812/ - . AS PER LATEST NOTIFICATION ISSUED BY CBDT, NO APPEAL IS TO BE FILED BEFORE TRIBUNAL, IF TAX EFFECT IS BELOW RS.50.00 LAKHS AND SINCE IN PRESENT CASE, TAX EFFECT OF ALLEG ED ISSUE IS BELOW RS.50.00 LAKHS, APPEAL OF REVENUE IS NOT MAINTAINABLE DUE TO LOW TAX. THIS IS BY NOW SETTLED POSITION OF LAW THAT CBDT INSTRUCTION IS APPLICABLE TO PENDING APPEALS. IN PRESENT APPEAL, ADMITTEDLY, TAX EFFECT IS LESS THAN RS.50.00 LAKHS. HENCE, WE DISMISS THE REVENUES APPEAL ON NON - MAINTAINABILITY DUE TO LOW TAX EFFECT. 4. IN THE RESULT, APPEAL FILED BY REVENUE IS DISMISSED. ORDER P RONOUNCED IN THE OPEN COURT ON 15 - 11 - 2019 S D / - SD/ - ( A.K.GARODIA ) ( BEENA PILLAI ) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 15 - 11 - 2019 *AM COPY OF THE ORDER FORWARDED TO: 1.APPELLANT; 2.RESPONDENT; 3.CIT; 4.CIT(A); 5. DR 6. ITO (TDS) 7.GUARD FILE BY ORDER ASST. REGISTRAR