What did the Tribunal hold?

The Tribunal dismissed the Revenue's appeal due to low tax effect, as it was below the threshold stipulated by CBDT circulars. Consequently, the assessee's cross-objection was also dismissed as infructuous.

The Revenue filed an appeal before the ITAT against an order of the CIT(A). The assessee also filed a cross-objection against the same order. The appeal was heard through video conferencing.

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. The secondary issue was the fate of the assessee's cross-objection in light of the appeal's dismissal.

ITO vs Sangita Travel Agency | ITAT Hyderabad 2020

Income Tax Appellate Tribunal, HYDERABAD BENCH “A”, HYDERABAD

Before: SHRI P. MADHAVI DEVI & SHRI A. MOHAN ALANKAMONY

For Appellant: Shri P. Rosi Reddy &

For Respondent: Smt. K.J. Divya, Shri P. Rosi Reddy &

Heard together (2 matters)

ITA No. 17/Hyd/2020

CO No. 04/Hyd/2020

Read from the judgment's own cause title. This page is filed under one of them.

This appeal is filed by the revenue directed against the order of CIT(A) – 3, Hyderabad, dated 18/10/2019. The assessee is also filed CO against the said order of the CIT(A).

These cases were taken up for hearing on 18-06-2020 through video conferencing and both the parties were heard.

At the time of hearing it has been brought to our notice as per the CBDT Circulars No.03/2018 dated 11.07.2018 and Circular No.17

2 ITA.No. 17/Hyd/2020 & CO No. 4/Hyd/2020 Sangita Travel Agency, Hyderabad. of 2019 dated 9th August, 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 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 circulars cited above.

As the appeal of revenue is dismissed on account of tax effect, the CO filed by the assessee becomes infructuous and, therefore, the same is dismissed as infructuous and also the cross objections raised in the CO are supporting the order of CIT(A).

In the result, appeal filed by the Revenue as well as CO filed by the assessee are dismissed.

Pronounced in the open court on 18th June, 2020

ITO(TDS) WARD-7(2), HYDERABAD vs. SANGITA TRAVEL AGENCY, HYDERABAD

What did the Tribunal hold?

What were the facts?

What were the issues?

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