The Deputy Commissioner of Income-tax, Circle–7(1)(2), Bangalore v. Veveo India Pvt. Ltd
[Citation -2019-LL-0828-27]

Citation 2019-LL-0828-27
Appellant Name The Deputy Commissioner of Income-tax, Circle–7(1)(2), Bangalore
Respondent Name Veveo India Pvt. Ltd.
Court ITAT-Bangalore
Relevant Act Income-tax
Date of Order 28/08/2019
Assessment Year 2012-13
Judgment View Judgment
Keyword Tags income declared • tax effect
Bot Summary: PAN: AABCV9504G APPELLANT RESPONDENT Assessee by Shri T. Suryanarayana, Advocate Revenue by Shri Ujjwal Kumar, JCIT Date of hearing 14.08.2019 Date of Pronouncement 28.08.2019 ORDER Per Shri A.K. Garodia, Accountant Member This appeal is filed by the revenue and the C.O. is filed by the assessee and these are directed against the order of ld. We find that in this case, as per the return of income filed by the assessee, income declared was Rs. 2,38,10,300/- and assessed income was Rs. 3,22,27,430/- after making addition of Rs. 84,17,130/-. CIT(A) and against the same, the appeal was filed by the revenue and the C.O. is filed by the assessee which is merely in support of the order of ld. As per the latest notification issued by CBDT, no appeal is required to be filed by the revenue before the Tribunal if the tax effect is below Rs. 50 Lakhs and since in the present case, the tax effect is below Rs. 50 Lakhs, the appeal of the revenue is not maintainable because of low tax. The C.O. filed by the assessee is in support of the order of ld. CIT(A) and since, the appeal of the revenue is dismissed as not maintainable, the C.O. is also not maintainable and dismissed accordingly. In the result, the appeal filed by the revenue and the C.O. filed by the assessee are dismissed.


IN INCOME TAX APPELLATE TRIBUNAL BENCH BANGALORE BEFORE SHRI ARUN KUMAR GARODIA, ACCOUNTANT MEMBER AND SHRI PAVAN KUMAR GADALE, JUDICIAL MEMBER ITA No. 2055/Bang/2017 Assessment Year 2012-13 M/s. Veveo India Pvt. Ltd., Deputy Unit 801, 810, 8th Floor, Commissioner of Income Tower B, Corporation Block, Tax, Vs. Diamond District, Circle 7 (1) (2), 150 Airport Road, Bangalore. Bangalore 560 008. PAN: AABCV9504G APPELLANT RESPONDENT & C.O. No. 100/Bang/2018 (in ITA No. 2055/Bang/2017) Assessment Year 2012-13 M/s. TiVo Tech Pvt. Ltd. (formerly known as Veveo (India) Pvt. Ltd., Deputy Commissioner 10th Floor, Primrose 7B, of Income Tax, Embassy Tech Village, Vs. Circle 7 (1) (2), Outer Ring Road, Bangalore. Devarabisanahalli Vilage, Bangalore 560 103. PAN: AABCV9504G APPELLANT RESPONDENT Assessee by Shri T. Suryanarayana, Advocate Revenue by Shri Ujjwal Kumar, JCIT (DR) Date of hearing 14.08.2019 Date of Pronouncement 28.08.2019 ORDER Per Shri A.K. Garodia, Accountant Member This appeal is filed by revenue and C.O. is filed by assessee and these are directed against order of ld. CIT(A)-7, Bangalore dated 28.07.2017 for Assessment Year 2012-13. ITA No. 2055/Bang/2017 & C.O. No. 100/Bang/2018 Page 2 of 2 2. Both sides were heard. We have considered rival submissions. We find that in this case, as per return of income filed by assessee, income declared was Rs. 2,38,10,300/- and assessed income was Rs. 3,22,27,430/- after making addition of Rs. 84,17,130/-. This addition has been deleted by ld. CIT(A) and against same, appeal was filed by revenue and C.O. is filed by assessee which is merely in support of order of ld. CIT(A). As per latest notification issued by CBDT, no appeal is required to be filed by revenue before Tribunal if tax effect is below Rs. 50 Lakhs and since in present case, tax effect is below Rs. 50 Lakhs, appeal of revenue is not maintainable because of low tax. This is by now settled position of law that CBDT instruction is applicable to pending appeals also and hence, this appeal of revenue is dismissed because of low tax effect. C.O. filed by assessee is in support of order of ld. CIT(A) and since, appeal of revenue is dismissed as not maintainable, C.O. is also not maintainable and dismissed accordingly. 3. In result, appeal filed by revenue and C.O. filed by assessee are dismissed. Order pronounced in open court on date mentioned on caption page. Sd/- Sd/- (PAVAN KUMAR GADALE) (ARUN KUMAR GARODIA) Judicial Member Accountant Member Bangalore, Dated, 28th August, 2019. /MS/ 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. Deputy Commissioner of Income-tax, Circle7(1)(2), Bangalore v. Veveo India Pvt. Ltd
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