Income Tax Appellate Tribunal - Bangalore
Shri. Narayana Gundappa, Bangalore vs Assistant Commissioner Of Income Tax, ... on 29 November, 2019
ITA No.1534(B)/2019
1
IN THE INCOME TAX APPELLATE TRIBUNAL
BANGALORE BENCHES : "A", BANGALORE
BEFORE SHRI B.R.BASKARAN, ACCOUNTANT MEMBER
AND
SMT. BEENA PILLAI, JUDICAL MEMBER
ITA No.1534(Bang)/2019
(Assessment Year : 2017-18)
The Deputy Commissioner of Income tax,
Circle-1(1)(1),HMT Bhavan, Bellary Road,
Bangalore-560 032. Appellant
Vs
M/s ANZ Operations & Technology Pvt.Ltd.
RMZ Ecoworld CAMPUS, 5A,Ground Floor,
4-9, Sarjapur, Marathahalli Outer Ring Road,
Varthur Hobli,
Bangalore-560 103.
Pan No.BLRAO7007A Respondent
Revenue by : Shri Sunil Kumar Agrwal, Addl.CIT
Appellant by : Smt Shreya, L. CA
Date of hearing : 18-11-2019
Date of pronouncement : 18-11-2019
ORDER
PER SMT BEENA PILLAI, JUDICIAL MEMBER:
This appeal has been filed by the revenue against order of the Ld.CIT(A)-13, Bangalore dated 25.03.2019 for the Assessment Year 2017-18.
ITA No.1534(B)/2019 2
2. We have considered the rival submissions. We find that against return of income filed by the assessee, Ld.AO computed interest u/s 200A vide intimation dated 05-12-2017and 02-02-2017 amounting to Rs.10,29,620/- and Rs.12,27,820/-. This levy u/s 200A has been deleted by Ld. CIT(A), against which revenue is in appeal. As per the 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 the present case, the tax effect of alleged issue is below Rs.50.00 Lakhs, appeal of revenue is not maintainable due to low tax. This is by now settled position of law that CBDT instruction is applicable to pending appeals and hence, appeal of revenue is dismissed due to low tax effect.
3. We also note that if revenue is able to establish existence of any exceptional circumstances, the appeal would be recalled.
4. In the result, the appeal filed by the revenue is dismissed. Order pronounced in the open court on 18-11-2019 Sd/- Sd/-
(B.R.BASKARAN) (BEENA PILLAI) ACCOUNTANT MEMBER JUDICIAL MEMBER Dated: 18-11-2019 *am Copy of the Order forwarded to:
1.Appellant;
2.Respondent;
3.CIT;
4.CIT(A);
5. DR
6. ITO (TDS)
7.Guard File By Order Asst. Registrar