Income Tax Officer Ward-2(1)(3), Bangalore V. M/s Daffy Cosmetics Private Limited , Bangalore

ITA 708/BANG/2019

• Counselvise Citation: [2019] 116 COUNSELVISE.COM (IT) 1321 (ITAT-BANGALORE)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 09-09-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2011-2012
• Appeal Filed On: 09-04-2019
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL BANGALORE BENCHES : B, BANGALORE BEFORE SHRI A.K.GARODIA, ACCOUNTANT MEMBER AND SMT.BEENA PILLAI, JUDIC I AL MEMBER ITA NO. 708 (BANG)/201 9 (ASSESSM E NT YEAR : 2010 - 11) THE INCOME TAX OFFICER , WARD - 2(1)(3), KORAMANGALA, BANGALORE APPELLANT VS M/S D AFFY COSMETICS PVT.LTD. C - 201, PLATINUM CITY, HMT ROAD, PEENYA YESHWANTHPUR, BANGALORE - 560 022 . PAN NO.AABCD8098F RESPONDENT REVENUE BY : SHRI R.N.SIDDA P PAJI, ADDL.CIT APPELLANT BY : NONE DATE OF HEARING : 26 - 08 - 2019 DATE OF PRONOUNCEMENT : 09 - 09 - 2019 O R D E R PER BEENA PILLAI, JUDICIAL MEMBER : PRESENT APPEAL IS PREFERRED BY REVENUE AGAINST ORDER OF LD. CIT(A) - 2 , BANGALORE DAR ED 24 .0 1 .201 9 FOR ASSESSMENT YEAR 201 0 - 11 . 2. AT THE TIME OF HEARING NONE APPEARED ON BEHALF OF THE A S SE SS EE. WE HAVE HEARD THE LD.DR. WE FIND THAT IN THIS CASE AS PER THE RETURN OF INCOME FILED BY THE A SSESSEE, INCOME DECLARED WAS NIL AS AGAINST RS. 60,50,259/ - COMPUTED BY THE LD.AO. SUBSEQUENTLY, LD.AO PASSED ORDER U/S154 AS A RESULT OF WHICH TAX PAYABLE WAS QUANTIFIED AT RS.19,52,340/ - . THI S ADDITION HAS BEEN DELETED BY L D. ITA NO. 708 (B)/201 9 PAGE 2 OF 2 CIT(A) . A S PER LATEST NOTIFICATION ISSUED BY CBDT, NO APPEAL IS REQUIRED TO BE FILED BEFORE THE TRIBUNAL , IF THE TAX EFFECT IS BELOW RS. 50 .00 LAKHS AND SINCE IN PRESENT CA SE, TAX EFFECT IS BELOW RS. 50 .00 LAKHS, APPEAL OF THE REVENUE IS NOT MAINTAINABLE DUE TO LOW TAX. THIS IS BY NOW SETTLED POSITION OF LAW THAT CBDT INSTRUCTION IS APPLICABLE TO PENDING APPEALS A ND HENCE APPEAL OF THE REVENUE IS DISMISSED BECAUSE OF LOW TAX EFFECT. 3. IN THE RESULT, THE APPEAL FILED BY THE REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 09 - 09 - 2019 SD/ - SD/ - (A.K.GARODIA) (BEENA PILLAI) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED:090 - 9 - 2019 *AM COPY OF THE ORDER FORWARDED TO: 1.APPELLANT; 2.RESPONDENT; 3.CI T; 4.CIT(A); 5. DR 6. ITO (TDS) 7.GUARD FILE BY ORDER ASSTT.REGISTRAR