ACIT, CIRCLE - 5(1), HYDERABAD vs. SHRI M VENKATA SUBBAIAH, MAHABUBNAGAR

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ITA 1359/HYD/2014Status: DisposedITAT Hyderabad16 October 2019AY 2010-112 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 as per CBDT Circular No. 17/2019 and subsequent clarifications, appeals with a tax effect below the revised monetary limits are not maintainable. Therefore, the appeals filed by the Revenue were dismissed.

What were the facts?

The Revenue filed appeals before the ITAT against orders of the CIT(A) for Assessment Year 2010-11. The tax effect in these appeals was below Rs. 50.00 lakhs.

What were the issues?

The primary issue was the maintainability of the Revenue's appeals before the ITAT based on the monetary limits prescribed by CBDT circulars for filing appeals.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, HYDERABAD BENCH “A”, HYDERABAD

Before: SHRI A. MOHAN ALANKAMONY & SHRI V. DURGA RAO

For Appellant: Shri Arvind Dakshan
For Respondent: Shri C.P. Rama Swamy
Hearing: 15/10/2019

PER V. DURGA RAO, J.M.:

These appeals by the Revenue are directed against the orders of Commissioner of Income Tax (Appeals)-V, Hyderabad, all dated 28/02/2014 for the Assessment Year 2010-11.

2 ITA Nos. 1357 to 1361/H/14 M. Sai Leela and others. 2. When these appeals are taken up for hearing, ld.AR has submitted that the tax effect involved in these appeals are below Rs.50.00 lakhs and as per the CBDT Circular No. No.17/2019, dated 08/08/2019, these appeals are not maintainable and requested for dismissal of the same.

3.

On the other hand, ld. DR fairly accepted that the tax effect involved in these appeals are below Rs. 50.00 lakhs.

4.

In view of the CBDT Circular No.17/2019, dated 08/08/2019, which was followed by Notification No.279/Misc/M-93/2018-ITJ, dated 20/08/2019 wherein it was clarified that the revised monetary limits mentioned in Circular No.17/2019 are applicable to all pending appeals also, these appeals filed by the Revenue are not maintainable and are dismissed accordingly.

5.

In the result, all the appeals filed by the Revenue are dismissed. Order Pronounced in open Court on this 17th day of October, 2019.

Sd/- Sd/- (A. MOHAN ALANKAMONY) (V. DURGA RAO) ACCOUNTANT MEMBER JUDICIAL MEMBER Hyderabad, Dated: 17th October, 2019. kv Copy to: 1. M. Sai Leela, 2) M. Srinivasa Rao, 3) M. Venkata Subbaiah, 4) M Vara Prasad and 5) M Ravi Kumar, No. 1-8-110, Kosgi Road, Mahabubnagar. 5. ACIT, Circle – 5(1), 3rd Floor, IT Towers, Masab Tank, Hyd. 6. CIT(A) – V, Hyderabad. 7. CIT(A)-IV, Hyderabad 8. The D.R., Visakhapatnam. 9. Guard file.

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