ACIT, CIRCLE-1, KADAPA, KADAPA vs. SIVA SAI SRINIVASA CONSTRUCTIONS, KADAPA, KADAPA

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ITA 1138/HYD/2016Status: DisposedITAT Hyderabad06 October 2020AY 2008-092 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 Revenue's appeal due to low tax effect as per CBDT circulars. Consequently, the assessee's cross-objection was rendered infructuous and also dismissed.

What were the facts?

The Revenue filed an appeal against the CIT(A)'s order, and the assessee filed a cross-objection. During the hearing, it was pointed out that the tax effect in the Revenue's appeal was below the monetary limit prescribed by CBDT circulars.

What were the issues?

The primary issue was whether the Revenue's appeal should be dismissed on the grounds of low tax effect as per CBDT circulars, which would render the assessee's cross-objection infructuous.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, HYDERABAD ‘A’ BENCH : Hyderabad

Before: Smt. P. Madhavi Devi & Shri A. Mohan Alankamony

Hearing: 30/09/2020Pronounced: 06/10/2020

O R D E R Per Smt. P. Madhavi Devi, J.M. This is Revenue’s appeal against the order of Ld.CIT(A), Kurnool dated 30.05.2016 for the A.Y. 2008-09 allowing assessee’s appeal partly. Assessee has filed the Cross Objection.

The appeal along with the Cross Objection were taken up for hearing through video conferencing on 30.09.2020 and both the parties were heard.

CO 58/Hyd/2016 AY 2008-09 M/s Siva Sai Srinivasa Constructions, Kadapa 2. At the time of hearing, Ld.Counsel for the assessee pointed out that the tax effect in revenue’s appeal is less than the monetary limit of Rs.50,00,000/- as prescribed by the CBDT Circular No.03/2018 dated 11.7.2018 and Circular No.17/2019 dated 08.08.2019. He also submitted that if revenue’s appeal is dismissed on account of low tax effect, the C.O. becomes infructuous.

3.

Ld.DR confirmed that the tax effect is below the statutory limit of Rs.50,00,000/-.

4.

Therefore, the appeal of the Revenue is dismissed for low tax effect in accordance with the CBDT Circular No.03/2018 dated 11.7.2018 and Circular No.17/2019 dated 08.08.2019 with liberty to seek recall of this Order if this case falls within any of the exceptions to the Circular. Consequently the C.O. of the assessee becomes infructuous and is dismissed as such.

5.

In the result, revenue’s appeal and the Cross Objection of assessee both are dismissed. Order pronounced on 06th October, 2020.

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