Assistant Commissioner of Income tax Circle-5(1)(1), Bangalore V. M/s Neobytes Software Solutions Private Limited , Bangalore

ITA 446/BANG/2017

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 0190 (ITAT-BANGALORE)
• Duration Of Justice: 1 year(s) 6 month(s) 13 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 07-09-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2010-2011
• Appeal Filed On: 23-02-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL BANGALORE BENCH A BEFORE SHRI N. V. VASUDEVANV, JUDICIAL MEMBER AND SHRI A. K. GARODIA, ACCOUNTANT MEMBER I.T.A. NO. 446/BANG/2017 (ASSESSMENT YEAR: 2010 11) ACIT, CIRCLE 5 (1) (1), APPELLANT. BANGALORE. VS. M/S. NEOBYTES SOFTWARE SOLUTIONS PVT. LTD., NO. 165, 1ST FLOOR, RVS PARADISE, 35 TH A CROSS, 16 TH MAIN, 4 TH T BLOCK, JAYANAGAR, BANGALORE 560041. PAN AABCN5027F RESPONDENT. ASSESSEE BY : SHRI G. S. PRASANTH, C. A. RE VENUE BY : S HRI SIDDAPPAYI R. N. ADDL. C IT DR . DATE OF HEARING : 03 .09.2018. DATE OF PRONOUNCEMENT : 0 7.09.2018. 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) 5, BANGALORE DATED 25.11.2016 FOR A. Y. 2010 - 11. 2. AT THE VERY OUTSET, IT WAS SUBMITTED BY HE LEARN ED 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. 3. 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. 2 ITA NO.446/BANG/2017 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: 07.09.2018. 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.