DY. COMMISSIONER OF INCOME TAX, CIRCLE-3(1), HYDERABAD vs. REDPINE SIGNALS INC, HYDERABAD

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ITA 614/HYD/2018Status: DisposedITAT Hyderabad04 December 2019AY 2014-153 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 was not maintainable due to low tax effect, as it was below the threshold limit specified by CBDT circulars. The appeal was dismissed on this ground.

What were the facts?

The Revenue filed an appeal before the Income Tax Appellate Tribunal. The appeal was against an order of the Commissioner of Income Tax (Appeals).

What were the issues?

The primary issue was whether the Revenue's appeal was maintainable before the Tribunal given the tax effect and the prevailing 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)-3, Hyderabad, dated 22-01-2018.

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. 614/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 4th December, 2019

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

Hyderabad, Dated 4th December, 2019 TNMM

:- 3 -: ITA No. 614/Hyd/2018

Copy to :

1.

The Dy.Commissioner of Income Tax, Circle-3(1), Hyderabad.

2.

Redpine Signals Inc., 9th Floor, Maximus Towers, 2B, Raheja Mind Space IT Park, Hitech City, Madhapur, Hyderabad.

3.

CIT(Appeals)-3, Hyderabad.

4.

Pr.CIT-3, Hyderabad. 5. D.R. ITAT, Hyderabad.

6.

Guard File.

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