Income Tax Officer, TDS Ward - 3(3), Bangalore V. M/s. UAS Employees House Building Co - operative Society Ltd., Bangalore

ITA 537/BANG/2017

• Counselvise Citation: [2017] 127 COUNSELVISE.COM (IT) 7126 (ITAT-BANGALORE)
• Duration Of Justice: 9 month(s) 3 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 11-12-2017
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: misc
• Appeal Filed On: 08-03-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: B R RAMESH
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH : BANGALORE BEFORE SHRI A.K. GARODIA, ACCOUNTANT MEMBER AND SHRI LALIT KUMAR, JUDICIAL MEMBER ITA NO. 537 /BANG/201 7 ASSESSMENT YEAR: 20 1 1 1 2 ITO, TDS WARD 3(3), BANGALORE. VS. M/S. UAS EMPLOYEES HOUSE BUILDING CO- OPERATIVE SOCIETY LTD., NO. 1, POST OFFICE BUILDING, UAS CAMPUS, HEBBAL, BANGALORE 560 024. PAN /TAN : AA AAU3878K/BLRU02612B APPELLANT RESPONDENT ASSESSEE BY : SHRI RAVISHANKAR, ADVOCATE REVENUE BY : SHRI B. R. RAMESH, JCIT DR DATE OF HEARING : 11 . 1 2 .201 7 DATE OF PRONOUNCEMENT : 11 .1 2 .2017 O R D E R PER SHRI A.K. GARODIA, ACCOUNTANT MEMBER THIS IS REVENUES APPEAL DIRECTED AGAINST THE ORDER OF LD. CIT (A) 13, BANGALORE DATED 29.12.2016 FOR ASSESSMENT YEAR 2011 12. 2. THE REVENUE HAS RAISED SEVERAL GROUNDS BUT IT IS NOTED THAT THE TAX EFFECT IS ONLY RS. 1.50 LACS IN RESPECT OF DEMAND RAISED U/S 201 (1) A ND RS. 0.57 LACS IN RESPECT OF DEMAND RAISED U/S 201 (1A) TOTAL RS. 2.07 LACS. 3. THE BENCH ASKED THE LEARNED DR OF THE REVENUE TH AT AS PER THE LATEST CBDT INSTRUCTIONS, THE REVENUE IS NOT SUPPOSED TO FILE A NY APPEAL BEFORE THE TRIBUNAL IF THE TAX EFFECT IS BELOW RS. 10 LACS. THE BENCH POINTED OUT THAT THIS APPEAL OF REVENUE IS NOT MAINTAINABLE BECAUSE OF LOW TAX EFFECT. IN REPL Y, HE HAD NOTHING TO SAY. 4. ACCORDINGLY, THIS APPEAL IS DISMISSED BECAUSE OF LOW TAX EFFECT. ITA NO. 537/BANG/2017 PAGE 2 OF 2 5. IN THE RESULT, THE APPEAL FILED BY THE REVENUE I S DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON THE DATE MENT IONED ON THE CAPTION PAGE. SD/- SD/- (LALIT KUMAR) (A.K. GARODIA) JUDICIAL MEMBER ACCOUNTANT MEMBER BANGALORE, DATED, THE 11 TH DECEMBER, 2017. /MS/ COPY TO: 1. APP ELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR, ITAT, BANGALORE. 6. GUARD FILE BY ORDER SENIOR PRIVATE SECRETARY, INCOME TAX APPELLATE TRIBUNAL, BANGALORE.