DY. COMMISSIONER OF INCOME TAX, CIRCLE-2(1), HYDERABAD vs. IMERYS CERAMICS INDIA PRIVATE LIMITED, HYDERABAD

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ITA 579/HYD/2020Status: DisposedITAT Hyderabad02 September 2021AY 2015-163 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 held that the appeal was not maintainable due to low tax effect as per CBDT Circulars. The appeal was dismissed on this ground.

What were the facts?

The Revenue filed an appeal before the ITAT against an order of the CIT(A). The appeal was for the assessment year 2015-16. The tax effect in the appeal was below the threshold limit set by CBDT circulars.

What were the issues?

Whether an appeal filed by the Revenue is maintainable before the Tribunal when the tax effect is below the prescribed monetary limit set by CBDT circulars.

Which sections of the Income-tax Act were involved?

Section 143(3)

AI-generated summary — verify with the full judgment below

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

Before: SHRI S.S.GODARA & SHRI LAXMI PRASAD SAHU

For Revenue : Shri Kiran Katta, DR For Assessee : Shri C.A.Mithilesh, AR Date of Hearing : 16-08-2021 Date of Pronouncement : 02-09-2021 O R D E R PER S.S.GODARA, J.M. :

This Revenue’s appeal for AY.2015-16 is directed against the CIT(A)–12, Hyderabad’s order dated 27-08-2020 passed in appeal No.10295/2019-20 in proceedings u/s.143(3) of the Income Tax Act, 1961 [in short, ‘the Act’].

2.

At the time of hearing, it has been brought to our notice that as per the CBDT Circular No.03 of 2018 dated 11-07-2018 and Circular No.17 of 2019 dated 8th August, 2019, the tax limit for filing of appeal by the Revenue before the tribunal has been fixed at Rs.50 Lakhs with retrospective effect.

3.

After hearing both the sides and perusing the records as placed before us, we found that the appeal is covered by the aforesaid circular and is, therefore, not maintainable. Since the tax effect in this appeal is less than Rs.50 Lakhs, we are dismissing the same on account of low tax effect. However, the Revenue shall be at liberty to seek recall of the order, if this case is found to be falling within the exceptions mentioned in the circular(s) cited above.

4.

This Revenue’s appeal is dismissed.

Order pronounced in the open court on 2nd September, 2021

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