DCIT, Bangalore V. M/s Xavier Institute of Management and Entrepreeneurship, Bangalore

ITA 767/BANG/2016

• Counselvise Citation: [2020] 111 COUNSELVISE.COM (IT) 8853 (ITAT-BANGALORE)
• Duration Of Justice: 3 year(s) 9 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 14-01-2020
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2011-2012
• Appeal Filed On: 07-04-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: DR N SURESH
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH : BANGALORE BEFORE SHRI N.V. VASUDEVAN, VICE PRESIDENT AND SHRI A. K. GARODIA, ACCOUNTANT MEMBER ITA NO. 767/BANG/2016 ASSESSMENT YEAR : 2011 - 2012 THE DEPUTY COMMISSIONER OF INCOME TAX (E), CIRCLE I, BANGALORE. VS. M/S. XAVIER INSTITUTE OF MANAGEMENT AND ENTREPRENEURSHIP, PHASE-2, ELECTRONIC CITY HOSUR ROAD, BANGALORE 560 100. PAN: AAATX 0011G APP ELL ANT RESPONDENT APPELLANT BY : SHRI S. TAMIL SELVAM, JT.CIT (DR) (ITAT), BENGALURU. RESPOND ENT BY : DR. N. SURESH , CA DATE OF HEARING : 14.01.2020 DATE OF PRONOUNCEMENT : 14 . 01.2020 O R D E R PER N.V. VASUDEVAN, VICE PRESIDENT THIS APPEAL IS BY THE REVENUE AGAINST THE ORDER DATED 20.01.2016 OF THE CIT(APPEALS)-14, LTU, BANGALORE FOR THE ASSESSM ENT YEAR 2011-2012. 2. ADMITTEDLY, THE TAX EFFECT IN THIS APPEAL BY T HE REVENUE IS LESS THAN RS.50 LAKHS. IN VIEW OF THE CBDT IN CIRCULAR NO.17/2019, DATED 08.08.2019 , THE REVENUE CANNOT FILE APPEALS BEFORE THE TRIBUN AL WHERE THE ITA NO.767/BANG/2016 PAGE 2 OF 2 TAX EFFECT IS LESS THAN RS.50 LAKHS. SINCE THE TAX EFFECT IN THE PRESENT APPEAL IS LESS THAN RS.50 LAKHS, THIS APPEAL OF THE REVENUE IS LIABLE TO BE DISMISSED AS NOT MAINTAINABLE. ACCORDINGLY, THE AP PEAL OF THE REVENUE IS DISMISSED. 3. IN THE RESULT, THE REVENUES APPEAL IS DISMISSED . PRONOUNCED IN THE OPEN COURT ON THIS 14 TH DAY OF JANUARY, 2020. SD/- SD/- ( A.K. GARODIA ) ( N.V. VASUDEVAN ) ACCOUNTANT MEMBER VICE PRESIDENT BANGALORE, DATED, THE 14 TH JANUARY, 2020. / D ESAI S MURTHY / COPY TO: 1. APP ELL ANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR, ITAT, BANGALORE. 6. GUARD FILE BY ORDER ASSISTANT REGISTRAR, ITAT, BANGALORE.