DY. COMMISSIONER OF INCOME TAX , CIRCLE-3(1), HYDERABAD vs ROCKWOOL INDIA PRIVATE LIMITED , HYDERABAD

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

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

This appeal filed by the Revenue is directed against the order of the Commissioner of Income Tax (Appeals)–3, Hyderabad, dated 03-10-2019 for the AY.2007-08.

2. The case was taken up for hearing on 18-06-2020 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.

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 circulars cited above.

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

Order pronounced in the open court on 18th June, 2020 Sd/- Sd/- ( A. MOHAN ALANKAMONY ) ( P. MADHAVI DEVI ) ACCOUNTANT MEMBER JUDICIAL MEMBER Hyderabad, Dated: 18-06-2020 TNMM Copy to :

Dy.Commissioner of Income Tax, Circle-3(1), Hyderabad.

M/s.Rockwool India Private Limited, 6-3-856/A/3, New-353, Greenlands, Ameerpet, Hyderabad.

CIT(Appeals)-3, Hyderabad.

4. The Pr.CIT-3, Hyderabad.

5. D.R. ITAT, Hyderabad.

DY. COMMISSIONER OF INCOME TAX , CIRCLE-3(1), HYDERABAD vs. ROCKWOOL INDIA PRIVATE LIMITED , HYDERABAD