DY.CIT, CIRCLE-16(1), HYDERABAD vs. M/S LEO MERIDIAN INFRASTRUCTURE PROJECTS & HOTELS LIMITED, HYDERABAD

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ITA 1221/HYD/2014Status: DisposedITAT Hyderabad17 September 2021AY 2005-063 pages

In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal noted that the appeal filed by the Revenue was below the monetary limit prescribed by CBDT circulars. Therefore, the appeal was not maintainable due to low tax effect.

What were the facts?

The Revenue filed an appeal before the ITAT against an order of the CIT(A) for AY 2005-06. The appeal was filed by the Deputy Commissioner of Income Tax.

What were the issues?

Whether the Revenue's appeal is maintainable before the ITAT when the tax effect is below the prescribed monetary limit as per CBDT circulars.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 147,Section 250(6)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, HYDERABAD BENCHES “A”, HYDERABAD

Before: SHRI A. MOHAN ALANKAMONY & SHRI S.S. GODARA

Hearing: 16/09/2021Pronounced: 17/09/2021

PER A. MOHAN ALANKAMONY, A.M. : This appeal filed by the Revenue against the order of the Ld. CIT (A)-V, Hyderabad in appeal No. 246/ACIT 16(1)/CIT (A)-V/2013-14, dated 27/01/2014 passed U/s. 143(3) r.w.s 147 and U/s. 250(6) of the Act for the AY: 2005-06.

2.

At the time of hearing, it has been brought to our notice that the appeal filed by the Revenue is below the monetary limit of Rs. 50 lakhs fixed as per the CBDT Circulars No.03/2018 dated 11-07-2018 and Circular No.17 of 2019 dated 8th August, 2019.

3.

After hearing Ld. DR and perusing the records placed before us, we find that this appeal is covered by the aforesaid circular and therefore, not maintainable, since the tax effect in this appeal is less than Rs.50 Lakhs and apparently the case is not covered by any of the exceptions in the circular. We therefore dismiss this appeal on account of low tax effect. However, the Revenue is at liberty to seek recall of the order, if the case is found to be falling within the exceptions mentioned in the circulars cited above.

4.

In the result, the appeal filed by Revenue is dismissed.

Order pronounced in the open court on the 17th September, 2021

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