THE DCIT, VISAKHAPATNAM vs. Y.V . RAJASEKHAR BABU, HYDERABAD

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ITA 171/VIZ/2015Status: DisposedITAT Visakhapatnam21 April 2021AY 2004-053 pages
AI SummaryWithdrawn

What did the Tribunal hold?

The tribunal observed that the tax effect was below the threshold specified by CBDT circulars, making the appeals not maintainable. Therefore, the appeals were dismissed as withdrawn.

What were the facts?

The Revenue Department filed appeals against the orders of the CIT(A) for the assessment year 2004-05. The tax effect involved in each appeal was below the monetary limit prescribed by CBDT circulars for filing appeals.

What were the issues?

Whether the appeals filed by the Revenue Department are maintainable given the tax effect involved and the CBDT circulars on monetary limits for appeals.

Which sections of the Income-tax Act were involved?

Section 250(6)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, VISAKHAPATNAM BENCH, VISAKHAPATNAM

Before: SHRI N.K. CHOUDHRY, HON’BLE & SHRI D.S. SUNDER SINGH, HONBLE

The Revenue Department has preferred these two appeals against the orders dated 27-02-2015 impugned herein passed by the Ld. CIT(A-2), Vishakhapatnam in the captioned matters u/s 250(6) of the Act, 1961 (hereinafter called as the ‘Act’) for the assessment year 2004-05.

2.

At the outset it is observed that tax effect involved in the appeals under consideration individually is neither more than 50 lacs, nor the cases are based upon any of the exceptions prescribed in CBDT Circular No.17/2019, dated 08.08.2019 read with Circular No.03/2018, whereby the Revenue Department is precluded from filing the appeals(s) before appellate tribunal against the order (s) of CIT(A), in which the tax effect does not exceed Rs. 50,00,000/- as specified in the Circular and the CBDT Clarification dated 20th August 2019 whereby it is clarified that revised monetary limits so mentioned in the circular 17/2019 is applicable to all pending SLPs/Appeals/Cross Objections/References. Hence the instant appeals are dismissed as withdrawn being not maintainable.

3.

However the liberty is granted to the Revenue Department to seek recall of the order, in case it realize that the captioned appeal

3 & 171/Viz/2015 (T.Naga Prashad & Another) falls within the exception as prescribed in Circular No.17/2019 dated 08-08-2019 (supra) read with Circular No.03/2018 (supra) and/or having involved the tax effect more than Rs. 50 lacs individually .

4.

In the result, the appeals filed by the Revenue Department stands dismissed as withdrawn.

Order Pronounced in open Court on this 21st day of April, 2021.

Sd/- sd/- (D.S. SUNDER SINGH) (N.K. CHOUDHRY) Accountant Member Judicial Member Dated: 21st April, 2021. vr/- Copy forwarded to:

1. 1. The Appellant A) Sh. Y.V. Rajasekhar Babu B) Sh. T. Naga Prashad 2. The Respondent - Dy. Commissioner of Income Tax, Circle-3 (1), Aayakar Bhawan, Dabagardens, Vishakapatnam-530020 3. The CIT-2, Visakhapatnam.

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