Assistant Commissioner of Income tax Circle-4(1)(1), Bangalore V. M/s Karnataka State Electronics Development Corporation Ltd , Bangalore

ITA 428/BANG/2017

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 1412 (ITAT-BANGALORE)
• Duration Of Justice: 1 year(s) 6 month(s) 14 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 07-09-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2012-2013
• Appeal Filed On: 22-02-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SIDDAPP A JI R N
• Assessee Lawyers: N V MURALIDHAR
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH : BANGALORE BEFORE SHRI N.V. VASUDEVAN, J UDICIAL MEMBER AND SHRI ARUN KUMAR GARODIA, ACCOUNTANT MEMBER ITA NO. 4 2 8 /BANG/201 7 ASSESSMENT YEAR : 20 12 - 13 THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE 4 (1) (1), BANGALORE. VS. M/S. KARNATAKA STATE ELECTRONICS DEVELOPMENT CORPORATION LTD., 2 ND FLOOR, A BLOCK, TTMC, BMTC COMPLEX, K H ROAD, SHANTI NAGAR, BANGALORE 560 027. PAN: AABCK6661P APPELLANT RESPONDENT APPELLANT BY : SHRI SIDDAPPAJI R.N., ADDL. CIT(DR) RESPONDENT BY : SHRI N.V. MURALIDHAR, ADVOCATE DATE OF HEARING : 05. 0 9 .2018 DATE OF PRONOUNCEMENT : 07. 0 9 .2018 O R D E R PER SHRI A.K. GARODIA, ACCOUNTANT MEMBER THIS APPEAL IS FILED BY THE REVENUE AND THE SAME IS DIRECTED AGAINST THE ORDER OF LD. CIT(A)-4, BANGALORE DATED28.11.2016 FOR ASSESSM ENT YEAR 2012-13. 2. THE GROUNDS RAISED BY THE REVENUE ARE AS UNDER. 1. THE ORDER OF THE LD. CIT (A), IN SO FAR AS IT IS PREJUDICIAL TO THE INTEREST OF THE REVENUE, IS OPPOSED TO LAW AND THE FACT AND CIRCUMSTANCES OF THE CASE. 2. ON FACTS OF THE CASE, WHETHER THE DECISION OF TH E LD. CIT (A) IS RIGHT IN ALLOWING THE APPEAL OF THE ASSESSEE ON THE ISSUE OF PRIOR PERIOD EXPENSES. 3. FOR THESE AND OTHER GROUNDS THAT MAY BE URGED AT THE TIME OF HEARING, IT IS PRAYED THAT THE ORDER OF THE CIT (A) IN SO FAR AS IT RELATES TO THE ABOVE GROUNDS MAY BE REVERSED AND THAT OF TH E ASSESSING OFFICER MAY BE RESTORED. 4. THE APPELLANT CRAVES LEAVE TO ADD, ALTER, AMEND AND / OR DELETE ANY ITA NO. 428/BANG/2017 PAGE 2 OF 2 OF THE GROUNDS THAT MAY BE URGED. 3. AT THE VERY OUTSET, IT WAS SUBMITTED BY THE LEAR NED AR OF THE ASSESSEE THAT IN THIS APPEAL, THE TAX EFFECT IS BELOW RS. 20 LACS AN D 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. LEARNED DR OF THE REVENUE HAD NOTHING TO SAY. 4. WE HAVE CONSIDERED THE SUBMISSIONS OF THE LEARNE D AR OF THE ASSESSEE AND WE ALSO FIND THAT IN THIS APPEAL, THE TAX EFFECT IS BELOW RS. 20 LACS AND THEREFORE, AS PER THE RECENT CBDT INSTRUCTIONS AS P ER CIRCULAR NO. 3/2018 DATED 11.07.2018, THIS APPEAL OF THE REVENUE IS NOT MAINT AINABLE. ACCORDINGLY, THIS APPEAL OF THE REVENUE IS DISMISSED BECAUSE OF LOW T AX EFFECT. 5. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISM ISSED. ORDER PRONOUNCED IN THE OPEN COURT ON THE DAT E MENTIONED ON THE CAPTION PAGE. SD/- SD/- (N.V. VASUDEVAN) (ARUN KUMAR GARODIA) JUDICIAL MEMBER ACCOUNTANT MEMB ER BANGALORE, DATED, THE 07 TH SEPTEMBER, 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.