DCIT, CENTRAL CIRCLE-2(2), HYDERABAD, HYDERABAD vs. VIMALA FEEDS P. LTD., HYDERABAD, HYDERABAD

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ITA 1637/HYD/2016Status: DisposedITAT Hyderabad13 November 2020AY 2014-153 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 ITAT 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 before the Tribunal.

What were the facts?

The Revenue filed an appeal before the Income Tax Appellate Tribunal (ITAT) against an order of the CIT(A). The appeal was for the assessment year 2014-15.

What were the issues?

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

AI-generated summary — verify with the full judgment below

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

Before: SMT. P.MADHAVI DEVI & SHRI D.S.SUNDER SINGH

This appeal filed by the Revenue is directed against the order of the Commissioner of Income Tax (Appeals)–12, Hyderabad, dated 10-08-2016 for the AY.2014-15.

2. The case is taken up for hearing on 12-11-2020 through video conferencing and both the parties were heard.

3.

At the time of hearing, it has been brought to our notice that as per the CBDT Circular No.03/2018 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.

4.

After hearing both the sides and perusing the records as placed before us, we found that this 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 as apparently the case is not covered by any of the exceptions in the circular. However, the Revenue is at liberty to seek recall of the order, if this case is found to be falling within the exceptions mentioned in the circular cited above.

5.

In the result, the appeal filed by Revenue is dismissed.

Order pronounced in the open court on 13th November,2020 Sd/- Sd/- (D.S.SUNDER SINGH) (P. MADHAVI DEVI) ACCOUNTANT MEMBER JUDICIAL MEMBER Hyderabad, Dated: 13-11-2020 TNMM Copy to :

1.

Dy.Commissioner of Income Tax, Central Circle-2(2), Hyderabad.

2.

M/s.Vimala Feeds Private Limited, H.No.301, Pavani Estates, Liberty X Road, Himayath Nagar, Hyderabad. 3. CIT(Appeals)-12, Hyderabad.

4. The Pr.CIT(Central), Hyderabad.

5. D.R. ITAT, Hyderabad.

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