ASST. COMMISSIONER OF INCOME TAX, CIRCLE-9(1), HYDERABAD vs. VEDULA VENKATA RAMANA, HYDERABAD

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ITA 1149/HYD/2019Status: DisposedITAT Hyderabad13 November 2019AY 2012-133 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 ITAT held that the appeal filed by the Revenue was not maintainable due to low tax effect, as it was below the Rs. 50 Lakhs limit stipulated by CBDT circulars. The tribunal dismissed the appeal on this ground.

What were the facts?

The Revenue filed an appeal before the Income Tax Appellate Tribunal (ITAT) against an order of the Commissioner of Income Tax (Appeals). The tax effect in the appeal was below the threshold limit set by CBDT circulars for filing appeals.

What were the issues?

The primary issue was whether the Revenue's appeal was maintainable before the ITAT given the low tax effect, considering the CBDT circulars on appeal filing limits.

AI-generated summary — verify with the full judgment below

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

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

PER A. MOHAN ALANKAMONY, A.M. : This appeal filed by the Revenue is directed against the order of the Commissioner of Income Tax(Appeals)-7, Hyderabad, dated 08-04-2019.

2.

At the time of hearing, it has been brought to our notice that as per the CBDT Circulars 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. 1149/Hyd/2019

3.

After hearing Ld.DR and perusing the records as placed before us, we find that this appeal is covered by the aforesaid circular 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 circular. 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 13th November, 2019

Sd/- Sd/- ( P. MADHAVI DEVI ) ( A. MOHAN ALANKAMONY ) JUDICIAL MEMBER ACCOUNTANT MEMBER Hyderabad, Dated 13th November, 2019 TNMM

:- 3 -: ITA No. 1149/Hyd/2019

Copy to : 1. The Asst.Commissioner of Income Tax, Circle-9(1), Hyderabad. 2. Vedula Venkata Ramana, #17-1-388/60, Plot No.60/A, Laxmi Nagar Colony, Saidabad, Hyderabad. 3. CIT (Appeals)-7, Hyderabad. 4. Pr.CIT-7, Hyderabad. 5. D.R. ITAT, Hyderabad. 6. Guard File.

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