Income TAx Officer Ward-6(2)(1), Bangalore v. M/s graduates Co-operative Credit Society Ltd , Bangalore

IN THE INCOME TAX APPELLATE TRIBUNAL BANGALORE BENCH SMC-B BANGALORE BEFORE SHRI A.K.GARODIA ACCOUNANT MEMBER ITA NO.1631 (BANG) 2017 (ASSESSMENT YEAR : 2012 13) THE ITO WARD 6 (2) (1) BENGALURU APPELLANT VS M/S. GRADUATES CO OPERATIVE CREDIT SOCIETY LTD. NO. 1 1 ST B ROAD 4 TH MAIN ROAD PAPAIAH GARDEN BASAVESHWARA NAGAR BANGALORE 560079. PAN. AAAJB0572A RESPONDENT ASSESSEE BY : SHRI RAMASUBRAMANIAN C. A. REVENUE BY : SHRI PALANI KUMAR ADDL. CIT DATE OF HEARING : 20-11-2017 DATE OF PRONOUNCEMENT : 2 4-11-2017 O R D E R PER A. K. GARODIA A.M.: THIS APPEAL IS FILED BY THE REVENUE WHICH IS DIREC TED AGAINST THE ORDER OF CIT (A) (6) BENGALURU DATED 20.02.2017 FOR A. Y. 201 2 13. 2. AT THE VERY OUTSET IT WAS POINTED OUT BY THE BE NCH THAT THE ASSESSED INCOME IS RS. 17 66 930/- ONLY AS AGAINST RETURNED INCOME OF RS. NIL AND THEREFORE EVEN IF THE ENTIRE ADDITION IS DELETED BY CIT (A) AND APPEA L IS FILED BY THE REVENUE FOR ENTIRE SUCH DELETION THAN ALSO THE TAX EFFECT WILL BE MUC H BELOW RS. 10 LACS AND AS PEER THE LATEST CBDT INSTRUCTIONS THE REVENUE IS NOT SU PPOSED 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 HE SIMPLY SUPPOR TED THE ASSESSMENT ORDER. 3. IN VIEW OF THE ABOVE DISCUSSION THIS APPEAL OF THE REVENUE IS DISMISSED AS NOT MAINTAINABLE ON ACCOUNT OF LOW TAX EFFECT. ITA NO. 1631(BANG)2017 2 4. IN THE RESULT THE APPEAL OF THE REVENUE IS DISM ISSED. ORDER PRONOUNCED IN THE OPEN COURT ON THE DATE MENT IONED ON THE CAPTION PAGE. SD/- (A.K. GARODIA) ACCOUNTANT MEMBER BANGALORE D A T E D : 24.11.2017. /MS/ COPY TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR ITAT BANGALORE. 6. GUARD FILE BY ORDER SENIOR PRIVATE SECRETARY INCOME TAX APPELLATE TRIBUNAL BANGALORE.