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Income Tax Appellate Tribunal - Bangalore

Dcit, Bangalore vs M/S Autodesk India Pvt. Ltd.,, ... on 28 August, 2019

               IN THE INCOME TAX APPELLATE TRIBUNAL
                         "A" BENCH : BANGALORE


        BEFORE SHRI N. V. VASUDEVAN, VICE PRESIDENT AND
         SHRI ARUN KUMAR GARODIA, ACCOUNTANT MEMBER

                           IT(TP)A No. 422/Bang/2015
                          Assessment Year : 2010 - 11

                                        M/s Auto Desk India Pvt. Ltd.,
                                        A4, A - Wing, 2nd Floor,
        DCIT, Circle - 1 (1 (1),        Divyashree Chambers,
                                   vs.
        Bangalore.                      Langford Road,
                                        Bengaluru.
                                        PAN: AABCA6924B
              APPELLANT                        RESPONDENT
          Assessee by         : Smt. Tanmayee Rajkumar, Advocates
          Revenue by          : Smt. Vandana Sagar, CIT (DR)
          Date of hearing            : 26.08.2019
          Date of Pronouncement : 28.08.2019

                                   ORDER
Per Shri A. K. Garodia, Accountant Member

This appeal is filed by the revenue

2. At the very outset, Learned AR of the assessee submitted that out of total TP adjustment made by the AO of Rs. 550,24,304/-, such adjustment made in respect of Software Development Segment is of Rs. 61,29,962/- only and in this regard, our attention was drawn to page 23 of the order of TPO where the segment wise detail of Rs. 550,24,304/- is available. Thereafter, she pointed out that in the grounds raised by the revenue, all grounds raised are regarding Software Development Segment only and therefore, the tax effect in the appeal of the revenue is below Rs. 50 Lacs and hence, this appeal is not maintainable because of low tax effect as per latest CBDT instructions. In reply, learned DR of the revenue had nothing to say. Accordingly, the appeal of the revenue is dismissed because of low tax effect.

3. In the result, the appeal of the revenue is dismissed. Order pronounced in the open court on the date mentioned on the caption page.

       Sd/-                                                    Sd/-
(N. V. VASUDEVAN)                                      (ARUN KUMAR GARODIA)
VICE PRESIDENT                                             Accountant Member

Bangalore,
Dated, the 28th August, 2019.
/MS/
                                          IT(TP)A No. 422/Bang/2015

                       Page 2 of 2

Copy to:
1. Appellant    4. CIT (A)

2. Respondent 5. DR, ITAT, Bangalore

3. CIT 6. Guard file By order Assistant Registrar, Income Tax Appellate Tribunal, Bangalore.