DDIT, Bangalore V. Nithyanandeshwar Devasthanam Trust, Bangalore

ITA 762/BANG/2016

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 8602 (ITAT-BANGALORE)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 07-03-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 16-03-2017
• Assessment Year: 2009-2010
• Appeal Filed On: 07-04-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SWAPNA DAS
• Assessee Lawyers: VISHNU MOORTHI H
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, BENCH A, BANGALORE BEFORE SHRI AK GARODIA, ACCOUNTANT MEMBER & SHRI VIJAYPAL RAO, JUDICIAL MEMB ER ITA NO.2192/BA NG/2016 (ASST. YEAR 2012-13) THE DY. DIRECTOR OF INCOME-TAX (EXEMPTION), BANGALORE. . APPELLANT VS. NITHYANANDESHWAR DEVASTHANAM TRUST, NITHYANANDAPURI, KALLAGOPPANAHALLI, MYSORE ROAD, BIDADI, BENGALURU. . RESPONDENT APPELLANT BY : SMT. SWAPNA DAS, JCIT RESPONDENT BY : SHRI VISHNU MOORTHI H, C.A DATE OF HEARING : 16-3-2017 DATE OF PRONOUNCEMENT : 17-3-2017 O R D E R PER SHRI AK GARODIA, ACCOUNTANT MEMBER : THIS APPEAL IS FILED BY THE REVENUE WHICH IS DIRE CTED AGAINST THE ORDER OF LEARNED COMMISSIONER OF INCOME -TAX (APPEALS) -14, LTU, BANGALORE DATED 28/1/2016 FOR ASSESSMENT YEAR 2009-10. 2. THE GROUNDS RAISED BY THE REVENUE ARE AS UNDER: ITA NO.2192/B/16 2 3. AT THE VERY OUTSET, IT WAS POINTED OUT BY THE BE NCH THAT AS PER THE ASSESSMENT ORDER, THE ADDITION MADE BY THE AO IN RESPECT OF RECEIPTS OF FOREIGN SOURCES IS ONLY OF RS.20,87,588 /- AND AS PER THE GROUNDS RAISED BY THE REVENUE, THE GRIEVANCE IS ONL Y REGARDING THIS ADDITION AND THEREFORE, THE TAX EFFECT IN THE PRESE NT CASE APPEARS TO BE BELOW 10 LAKHS. IT WAS POINTED OUT THAT BECAUSE OF LOW TAX EFFECT, THE APPEAL OF THE REVENUE IS NOT MAINTAINABLE AS PER CB DT INSTRUCTIONS. IN REPLY, IT WAS SUBMITTED BY THE LD DR OF THE REVENUE THAT AS PER THE WORKING MADE AVAILABLE BY THE AO TO HIM, THE TAX EF FECT IS MORE THAN RS.30 LAKHS. AT THIS JUNCTURE, IT WAS SUBMITTED BY THE LD AR OF THE ASSESSEE THAT AO MIGHT HAVE WORKED OUT THE TAX EFFE CT AFTER CONSIDERING THE DELETION OF OTHER DISALLOWANCE MADE BY THE AO F OR RS.64 LAKHS REGARDING THE CLAIM OF THE ASSESSEE FOR ACCUMULATIO N U/S 11(2) OF THE INCOME-TAX ACT. SINCE THAT ISSUE IS NOT RAISED BY THE REVENUE IN THE APPEAL, THE TAX EFFECT IN THE PRESENT CASE IS DEFIN ITELY BELOW RS.10 LAKHS. ITA NO.2192/B/16 3 4. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS AND IN VIEW OF THE FACTS NOTED ABOVE, WE ARE SATISFIED THAT THE TAX EF FECT IN THE PRESENT CASE IS BELOW RS.10 LAKHS AND THEREFORE, AS PER THE CBDT INSTRUCTION, THIS APPEAL OF THE REVENUE IS NOT MAINTAINABLE BECAUSE O F LOW TAX EFFECT. THE SAME IS DISMISSED. 5. IN THE RESULT, APPEAL OF THE REVENUE IS DISMIS SED. ORDER PRONOUNCED IN THE OPEN COURT ON 17 TH MARCH, 2017. SD/- SD/- (VIJAYPAL RAO) (AK GARODIA) JUDICIAL MEMBER ACCOUNTANT MEMB ER VMS. BANGALORE DATED : 17/03/2017 COPY TO : 1. THE ASSESSEE 2. THE REVENUE 3.THE CIT CONCERNED. 4.THE CIT(A) CONCERNED. 5.DR 6.GF BY ORDER ASST. REGISTRAR, IT AT, BANGALORE.