Deputy Commissioner of Income Tax Circle-6(2)(1), Bangalore V. Sri Sathyanarayana Shetty , Bangalore

WTA 59/BANG/2018

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 6001 (ITAT-BANGALORE)
• Duration Of Justice: 9 month(s) 29 day(s)
• Appeal Type: Income Tax (Transfer Pricing) Appeal
• Pronouncement Date: 01-05-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2006-2007
• Appeal Filed On: 02-07-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH : BANGALORE BEFORE SHRI N.V. VASUDEVAN, VICE PRESIDENT AND SHRI B.R. BASKARAN , ACCOUNTANT MEMBER WTA NO.59/BANG/2018 ASSESSMENT YEAR : 20 06 - 07 THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 6(2)(1), BANGALORE. VS. SHRI SATHYANARAYANA SHETTY, NO.105, 3 RD MAIN, VBGBCS LAYOUT, 1 ST CROSS, MAHALAKSHMIPURAM, BANGALORE 560 086. PAN: A TLPS 1459B APP ELL ANT RESPONDENT APPELLANT B Y : SHRI PR ADEEP KUMAR, CIT(DR)(ITAT) , BENGALURU. RES PO NDENT BY : SMT. S UMAN LU NKAR, CA DATE OF HEARING : 21 . 0 1 . 2 0 1 9 DATE OF PRONOUNCEMENT : 13. 02 . 2 0 1 9 O R D E R PER N.V. VASUDEVAN, VICE PRESIDENT THIS APPEAL IS BY THE REVENUE AGAINST THE ORDER DATED 28.02.2018 OF THE CIT(APPEALS), BENGALURU-6, BENGALURU, FOR THE A SSESSMENT YEAR 2006- 07. 2. ADMITTEDLY, THE TAX EFFECT IN THIS APPEAL BY TH E REVENUE IS LESS THAN RS.20 LAKHS. IN VIEW OF THE CBDT CIRCULAR NO.3/201 8 DATED 11.07.2018, THE REVENUE CANNOT FILE APPEALS BEFORE THE TRIBUNAL WHERE THE TAX EFFECT IS LESS THAN RS.20 LAKHS. SINCE THE TAX EFFECT IN THE PRESENT APPEAL IS LESS W TA NO.59/BANG/2018 PAGE 2 OF 2 THAN RS.20 LAKHS, THIS APPEAL OF THE REVENUE IS LIA BLE TO BE DISMISSED AS NOT MAINTAINABLE. ACCORDINGLY, THE APPEAL OF THE REVEN UE IS DISMISSED. 3. IN THE RESULT, THE REVENUES APPEAL IS DISMISSE D. PRONOUNCED IN THE OPEN COURT ON THIS 13 TH DAY OF FEBRUARY, 2019. SD/- SD/- ( B.R. BASKARAN ) ( N.V . VASUDEVAN ) ACCOUNTANT MEMBER VICE PRESIDENT BANGALORE, DATED, THE 13 TH FEBRUARY, 2019. / 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.