ACIT., CIRCLE-16(2), HYDERABAD, HYDERABAD vs. M/S M S AGARWAL FOUNDRIES PRIVATE LIMITED, HYDERABAD

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ITA 1603/HYD/2014Status: DisposedITAT Hyderabad17 February 2020AY 2010-113 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 filed by the Revenue was not maintainable due to low tax effect, as per CBDT Circulars. The appeal was dismissed on this ground.

What were the facts?

The Revenue filed an appeal before the ITAT against an order of the CIT(A) for AY 2010-11. The appeal was filed by the Revenue. The tax effect in the appeal was below the threshold limit prescribed by CBDT circulars.

What were the issues?

Whether an appeal filed by the Revenue is maintainable before the Tribunal when the tax effect is below the monetary limit prescribed by CBDT circulars.

AI-generated summary — verify with the full judgment below

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)–V, Hyderabad, dated 07-04-2014 for the AY.2010-11.

2. 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.

3.

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.

4.

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

Order pronounced in the open court on 19th February, 2020 Sd/- Sd/- ( A. MOHAN ALANKAMONY ) ( P. MADHAVI DEVI ) ACCOUNTANT MEMBER JUDICIAL MEMBER Hyderabad, Dated: 19-02-2020 TNMM Copy to :

1.

Dy.Commissioner of Income Tax, Circle-16(2), Hyderabad.

2.

M/s. M.S.Agarwal Foundries Pvt. Limited, 2-1-113, Tobacco Bazar, Secunderabad. 3. CIT(Appeals)-V, Hyderabad.

4. The CIT-1, Hyderabad.

5.

D.R. ITAT, Hyderabad.

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