ACIT, CIRCLE-14(1), HYD, HYDERABAD vs. GIRIDHARI CONSTRUCTIONS, HYD, HYDERABAD

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ITA 1332/HYD/2015Status: DisposedITAT Hyderabad25 November 2019AY 2010-113 pages
AI SummaryDismissed

What did the Tribunal hold?

The ITAT held that the appeal filed by the Revenue was not maintainable due to low tax effect, as it was below the prescribed limit of Rs. 50 Lakhs and did not fall under any exceptions.

What were the facts?

The Revenue filed an appeal before the Income Tax Appellate Tribunal (ITAT). The ITAT noted that the tax effect in the appeal was below the threshold limit prescribed by CBDT circulars for filing appeals.

What were the issues?

Whether the Revenue's appeal is maintainable before the Tribunal when the tax effect is below the prescribed monetary limit as per CBDT circulars.

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)-4, Hyderabad, dated 24-09-2015.

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. 1332/Hyd/2015

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 25th November, 2019

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

Hyderabad, Dated 25th November, 2019 TNMM

:- 3 -: ITA No. 1332/Hyd/2015

Copy to :

1.

The Asst.Commissioner of Income Tax, Circle-14(1), Hyderabad.

2.

M/s.Giridhari Constructions, H.No.121-A/1, Beside 121-A Journalist Colony, Jubilee Hills, Hyderabad.

3.

CIT(Appeals)-4, Hyderabad.

4.

Pr.CIT-6, Hyderabad. 5. D.R. ITAT, Hyderabad.

6.

Guard File.

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