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Income Tax Appellate Tribunal, HYDERABAD BENCHES “B” : HYDERABAD
Before: SHRI S.S.GODARA & SHRI LAXMI PRASAD SAHU
For Revenue : Shri Rohit Mujumdar, DR For Assessee : Shri Sashank Dundu for Shri K.A.Sai Prasad, AR Date of Hearing : 09-02-2021 Date of Pronouncement : 25-02-2021 O R D E R PER BENCH :
This Revenue’s appeal for AY.2008-09 is directed against the CIT(A)–Kurnool’s order dated 24-01-2018 passed in appeal No.CIT(A)/KNL/0214/2015-16 in proceedings u/s.143(3) r.w.s.263 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 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.
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.
This Revenue’s appeal is dismissed.
Order pronounced in the open court on 25th February, 2021