INCOME TAX OFFICER, WARD-1, PRODUTUR vs. SVS CONSTRUCTIONS, KADAPA

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ITA 610/HYD/2018Status: DisposedITAT Hyderabad27 November 2019AY 2009-103 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal held that the appeal was not maintainable as the tax effect was less than the threshold limit prescribed by CBDT circulars. Therefore, 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(Appeals). The appeal was filed for the assessment year 2009-10.

What were the issues?

The primary issue was whether the Revenue's appeal was maintainable before the Tribunal given the tax effect and the CBDT circulars regarding monetary limits for filing appeals.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, HYDERABAD BENCHES “B”, HYDERABAD

Before: SHRI D.KARUNAKARA RAO & SHRI V.DURGA RAO

PER D.KARUNAKARA RAO, A.M. :

This appeal of Revenue is directed against the order of the Commissioner of Income Tax (Appeals)-Kurnool, dated 24-01-2018.

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.

:- 2 -: ITA No. 610/Hyd/2018

3.

After hearing Ld.DR and perusing the records as placed before us, we find that this appeal is covered by the aforesaid circulars and therefore, not maintainable, since the tax effect in this appeal is less than Rs.50 Lakhs and apparently the case is not covered by any of the exceptions in the circulars. We therefore dismiss this appeal on account of low tax effect. However, the Revenue is at liberty to seek recall of the order, if the 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 27th November, 2019

Sd/- Sd/- (V. DURGA RAO) (D. KARUNAKARA RAO) JUDICIAL MEMBER ACCOUNTANT MEMBER

Hyderabad, Dated 27th November, 2019 TNMM

:- 3 -: ITA No. 610/Hyd/2018

Copy to :

1.

The Income Tax Officer, Ward-1, Vasanthapet, Proddatur.

2.

M/s.SVS Constructions, 7/828-1, SVM Road, YMR Colony Proddatur, Kadapa Dist.,

3.

CIT(Appeals)-Kurnool.

4.

Pr.CIT-Kurnool. 5. D.R. ITAT, Hyderabad.

6.

Guard File.

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