ASST. COMMISSIONER OF INCOME TAX, CIRCLE-5(1), HYDERABAD vs. RAMA DEVI BODHU, HYDERABAD

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ITA 163/HYD/2020Status: DisposedITAT Hyderabad22 June 2020AY 2011-123 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 held that the appeal of the Revenue was not maintainable as the tax effect was below the monetary limit prescribed by CBDT Circular No. 3 of 2018. The appeal was dismissed without expressing any opinion on the merits of the case.

What were the facts?

The Revenue filed an appeal before the ITAT against an order of the CIT(A) for Assessment Year 2011-12. The respondent (assessee) contended that the appeal was not maintainable due to low tax effect.

What were the issues?

The primary issue was the maintainability of the Revenue's appeal before the ITAT due to low tax effect, as per CBDT Circular No. 3 of 2018.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, HYDERABAD BENCH

Before: MS. SUSHMA CHOWLA & MR. ANIL CHATURVEDI

अपीलाथ� की ओर से / Applicant by : Shri Sunku Srinivasu, D.R. ��थ� की ओर से / Respondent by : --None-- सुनवाई की तारीख/Date of Hearing : 18-06-2020 घोषणा की तारीख/Date of Pronouncement : 22-06-2020 आदेश/ORDER

PER ANIL CHATURVEDI, ACCOUNTANT MEMBER:

1.

This appeal filed by the Revenue is emanating out of the order of Pr. Commissioner of Income Tax – 4, Hyderabad dated 06.02.2020 for A.Y. 2011-12 :- 2 -: 2. Before us, at the outset, Ld. A.R. submitted that the appeal of the Revenue is not maintainable on account of low tax effect and therefore, the appeal of the Revenue be dismissed. Ld. D.R. did not object to the aforesaid contention made by the Ld. A.R.

3.

We have heard the rival submissions and perused the material available on record. On perusing the grounds of appeal raised by the Revenue, we find that Revenue is aggrieved by the order of ld. CIT(A) in respect of the relief given by him. As per the recent announcement of Central Board of Direct Taxes (CBDT) dated 11.07.2018 (Circular No. 3 of 2018), no Department appeals are to be filed against relief given by ld. CIT(A) before the Income Tax Appellate Tribunal unless the tax effect, excluding interest, exceeds Rs.20 lakhs and it further states that the instructions will apply retrospectively to the pending appeals also. In the present case, it is an undisputed fact that on the addition which is in dispute, the tax effect is less than Rs.20 lakhs. In the absence of any material placed on record by the Revenue to demonstrate that the issue in the present appeal is covered by exceptions provided in para 10 of the aforesaid CBDT Circular, we are of the view that the monetary limit prescribed by the instructions of the aforesaid CBDT Circular would be applicable to the present appeal of the Department. We therefore hold the present appeal of Revenue to be not :- 3 -: maintainable on account of low tax effect and accordingly dismiss the appeal of Revenue without expressing any opinion on merits of the case. However, in case there is any error in the computation of the tax effect involved or if for any reason, the aforesaid CBDT Circular is not applicable, it would be open to the Revenue to seek revival of the appeal. Thus, the grounds of the Revenue are dismissed.

4.

In the result, the appeal of Revenue is dismissed.

Order pronounced in the open Court on day of 22nd June, 2020.

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