ASST. COMMISSIONER OF INCOME TAX, CIRCLE-14(1)., HYDERABAD vs. BBEL-MIPL JOINT VENTURE., HYDERABAD.

PDF · subscribers
ITA 1263/HYD/2017Status: DisposedITAT Hyderabad05 April 2021AY 2010-112 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 dismissed the appeal filed by the Revenue. This was due to the tax effect being below the threshold limit prescribed by CBDT Circulars for filing appeals.

What were the facts?

The Revenue filed an appeal before the ITAT for Assessment Year 2010-11. The appeal was against an order passed under Section 143(3) read with Section 263 of the Income Tax Act.

What were the issues?

The primary issue was whether the appeal filed by the Revenue should be entertained given the low tax effect, as per CBDT circulars.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 263

AI-generated summary — verify with the full judgment below

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

Before: SHRI SATBEER SINGH GODARA & LAXMI PRASAD SAHU

For Appellant: Shri S. Rama Rao
For Respondent: Shri Sunil Kumar Pandey, Shri S. Rama Rao
Hearing: 25/03/2021Pronounced: 05/04/2021

O R D E R PER BENCH: This appeal filed by the Revenue for AY 2010-11 is directed against CIT(A) - 6, Hyderabad’s order dated 12/04/2017 involving proceedings u/s 143(3) rws 263 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 Circulars No.03/2018 dated 11.07.2018 and Circular No.17 of 2019 dated 9 th August,

:- 2 -: BBEL-MIPL Joint Venture, Hyderabad.

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 any of these cases falls within the exceptions mentioned in the Circulars cited above.

3.

In the result, Revenue’s appeal is dismissed in above terms. Pronounced in the open court on 5th April, 2021.

More judgments on Section 263

All 13,616 judgments and leading authorities on Section 263 →

Recent GST High Court judgments

Search GST case law →