What did the Tribunal hold?

The Tribunal dismissed the appeal filed by the Revenue. This was done because the tax effect in the appeal was below the threshold limit prescribed by CBDT circulars for filing appeals.

The Revenue filed an appeal before the ITAT against an order of the CIT(A) for AY 2015-16. The appeal was filed under Section 143(3) of the Income Tax Act, 1961.

What were the issues?

The primary issue was whether the appeal should be dismissed due to low tax effect as per CBDT circulars. The Tribunal considered the monetary limits for filing appeals by the Revenue.

ACIT vs Krishna Namala | ITAT Hyderabad 2021

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

Before: SHRI SATBEER SINGH GODARA & SHRI LAXMI PRASAD SAHU

For Respondent: Shri Kiran Katta, DR

Hearing: 18/08/2021Pronounced: 24/08/2021

O R D E R PER LAXMI PRASAD SAHU This appeal filed by the Revenue for AY 2015-16 is directed against CIT(A) - 1, Hyderabad’s order dated 08/03/2019 involving proceedings u/s 143(3) of the Income Tax Act, 1961 ; in short “the Act”.

At the time of hearing it has been brought to our notice that as per the CBDT Circulars No.03/2018 dated 11.07.2018 and Circular No.17 of 2019 dated 9th August, 2019, the tax limit for filing of appeal by the Revenue before the Tribunal has been fixed at Rs.50.00 lakhs. Since the tax effect in this appeal is less than Rs.50.00 lakhs, we are dismissing the same on account of low tax effect with the liberty to the Revenue to seek recall of the order, if this case falls within the exceptions mentioned in the Circulars cited above.

In the result, Revenue’s appeal is dismissed in above terms. Pronounced in the open court on 24th August, 2021.

ASST. COMMISSIONER OF INCOME TAX, CIRCLE-4(1), HYDERABAD vs. KRISHNA NAMALA, HYDERABAD

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