Income Tax Appellate Tribunal - Bangalore
Deputy Commissioner Of Income Tax, ... vs M/S. Mns Exports Pvt Ltd, Bangalore on 1 June, 2018
IN THE INCOME TAX APPELLATE TRIBUNAL
BANGALORE BENCH 'B', BANGALORE
BEFORE SHRI A. K. GARODIA, ACCOUNTANT MEMBER
AND
SHRI LALIET KUMAR, JUDICIAL MEMBER
ITA Nos.1433 & 1435(Bang) 2017
(Assessment years : 2012 - 13 & 2013 - 14)
The Income Tax Officer,
Ward - 4(1)(4),
Bangalore. Appellant
Vs
M/s. MNS Exports Pvt. Ltd.,
No. 46/1, Jaraganahalli,
Kanakpura Main Road,
Bangalore - 560078
PAN. AABCM3819P Respondent
Assessee by : None
Revenue by : Smt. Padmameenakshi, JCIT DR
Date of hearing : 29 - 05 - 2018
Date of pronouncement : 01 - 06 - 2018
ORDER
PER A. K. GARODIA, A.M.:
Both these appeals are filed by the revenue which are directed against two separate orders of CIT (A) - 4 Bangalore both dated 27.03.2017 for A. Y. 2012 - 13 & 2013 - 14. Both appeals were heard together and are disposed of by way of this common order for the sake of convenience.
2. None appeared on behalf of the assessee but it was noticed that the tax effect in both these appeals of the revenue is much below Rs. 10 Lacs and hence, these appeals were heard ex parte qua the assessee. At the very outset, it was pointed out by the bench that the tax effect in both these appeals is much below Rs. 10 Lacs because the disallowance made by the AO u/s 14A in A. Y. 2012 - 13 is Rs. 19,71,433/- and similar disallowance in A. Y. 2013 - 14 is only Rs. 232,610/- and hence, even if the entire disallowance is deleted by CIT (A) and the revenue is in 2 ITA Nos. 1433 & 1435(Bang)2017 appeal for entire such deletion, then also, the tax effect will be much below Rs. 10 lacs in each year and as per the latest CBDT instructions, the revenue is not supposed to file an appeal before the tribunal if tax effect is less than Rs. 10 Lacs. The bench wanted to know as to how this appeal is maintainable because of low tax effect. In reply, Learned DR of the revenue had nothing to say and she simply supported the assessment order.
3. In view of the above discussion, both these appeals of the revenue are dismissed as not maintainable on account of low tax effect.
4. In the result, both the appeals of the revenue are dismissed. Order pronounced in the open court on the date mentioned on the caption page.
Sd/- Sd/-
(LALIET KUMAR) (A.K. GARODIA)
JUDICAL MEMBER ACCOUNTANT MEMBER
Place: Bangalore
D a t e d : 01.06.2018
/MS/
Copy to:
1. Appellant 4. CIT(A)
2. Respondent 5. DR, ITAT, Bangalore
3. CIT 6. Guard file
By order
Senior Private Secretary,
Income Tax Appellate Tribunal,
Bangalore.