Deputy Commissioner of Income Tax Circle-7(1)(1), Bangalore V. M/s TMS India Pvt Ltd , Bangalore

ITA 299/BANG/2017

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 8115 (ITAT-BANGALORE)
• Duration Of Justice: 3 year(s) 6 month(s) 12 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 21-08-2020
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 18-08-2020
• Assessment Year: 2011-2012
• Appeal Filed On: 09-02-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH : BANGALORE BEFORE SHRI N.V. VASUDEVAN, VICE PRESIDENT AND SHRI G MANJUNATHA, ACCOUNTANT MEMBER ITA NO. 299/BANG/2017 ASSESSMENT YEAR : 2011-12 THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-7(1)(1), BANGALORE. VS. M/S TMS INDIA PVT. LTD., NO.3, ASHWINI, NO.160, 4TH MAIN, INDIRANAGAR, BENGALURU 560 008. PAN: AAACT 9124B APPELLANT RESPONDENT APPELLANT BY : SHRI PRIYADARSHI MISRA, JT.CIT(DR)(I TAT), BENGALURU. RESPONDENT BY : NONE DATE OF HEARING : 18.08.2020 DATE OF PRONOUNCEMENT : 21.08.2020 O R D E R PER N.V. VASUDEVAN, VICE PRESIDENT THIS APPEAL IS BY THE REVENUE AGAINST THE ORDER DATED 18.11.2016 OF THE CIT(APPEALS)-7, BENGALURU FOR THE ASSESSMENT YE AR 2011-12. 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 ITA NO.299/BANG/2017 PAGE 2 OF 2 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. PRONOUNCED IN THE OPEN COURT ON 21 ST DAY OF AUGUST, 2020. SD/- SD/- (G MANJUNATHA) ( N.V. VASUD EVAN) ACCOUNTANT MEMBER VICE PRESIDENT BANGALORE, DATED, THE 21 ST AUGUST, 2020. / D ESAI S MURTHY / COPY TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR, ITAT, BANGALORE. BY ORDER ASSISTANT REGISTRAR, ITAT, BANGALORE.