ITO, WARD-7(1), HYDERABAD vs. SHRI SYED ANEESUDDIN, HYDERABAD

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ITA 1103/HYD/2013Status: DisposedITAT Hyderabad01 October 2019AY 2007-083 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 dismissed the Revenue's appeal. This was based on CBDT circulars that set a minimum tax effect of Rs. 50.00 lakhs for Revenue appeals to the Tribunal.

What were the facts?

The Revenue filed an appeal against the CIT(A)'s order deleting additions made towards cash deposits, unexplained loans, and unexplained investments. The tax effect in the appeal was below the threshold limit set by CBDT circulars for filing appeals.

What were the issues?

Whether the Revenue's appeal to the ITAT is maintainable when the tax effect is below the prescribed monetary limit. The core issue is the applicability of CBDT circulars regarding appeal filing thresholds.

Which sections of the Income-tax Act were involved?

Section 143,Section 147,Section 250

AI-generated summary — verify with the full judgment below

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

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

For Appellant: Shri P.C. Yadav, AR
For Respondent: Shri Mookambikeyan S-AR
Hearing: 01/10/2019Pronounced: 01/10/2019

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH “A”, HYDERABAD BEFORE SMT. P. MADHAVI DEVI, JUDICIAL MEMBER AND SHRI A. MOHAN ALANKAMONY, ACCOUNTANT MEMBER ITA No.1103/Hyd/2013 Assessment Year: 2007-08 The Income Tax Officer, Vs. Shri Syed Aneesuddin, Ward-7(1), D.No.12-2-830/34, 2nd Floor, “B” Block, Alapati Nagar, IT Towers, AC Guards, Mehdipatnam, Hyderabad. Hyderabad. PAN: AAOPU 6624 Q (Appellant) (Respondent) Assessee by: Shri P.C. Yadav, AR Revenue by: Shri Mookambikeyan S-AR Date of hearing: 01/10/2019 Date of pronouncement: 01/10/2019 ORDER PER A. MOHAN ALANKAMONY, AM.:

This appeal is filed by the Revenue against the order of the Ld. CIT(A)-VI, Hyderabad dated 18/04/2013 in appeal No. 0553/2010- 11/CIT(A)-VI passed U/s. 143(3) r.w.s 147 & 250(6) of the Act for the Asst. Year 2007-08.

2.

The Revenue has raised the following grounds of appeal:-

1.

The Ld. CIT(A)-VI, Hyderabad erred on facts and in law. 2. The Ld. CIT(A) erred in deleting the addition of Rs. 8.75 lakhs made towards cash deposits in to bank accounts.

3.

The Ld. CIT(A) erred in deleting the addition of Rs. 16.51 lakhs made towards unexplained credits in the form of loans. 4. The Ld. CIT(A) erred in deleting the addition of Rs. 11.50 lakhs made towards unexplained investment in the form of M/s. Vitas Constructions. 5. Any other ground or grounds that may be urged at the time of hearing.

3.

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 9th August, 2019, the tax limit for filing appeal by the Revenue before the Tribunal has been fixed at Rs.50.00 lakhs and above. Therefore, since the tax effect in the present appeal before us is less than Rs.50.00 lakh, we hereby dismiss the same with liberty to the Revenue to seek recall of the order, if the appeal falls within the exceptions mentioned in the Circulars of the CBDT.

4.

In the result, the appeal filed by the Revenue is dismissed.

Pronounced in the open Court on the 01st October, 2019.

Sd/- Sd/- (P. MADHAVI DEVI) (A. MOHAN ALANKAMONY) JUDICIAL MEMBER ACCOUNTANT MEMBER Hyderabad, Dated: 01st October, 2019 OKK

Copy to:-

1) Shri Syed Aneesuddin, D.No.12-2-830/34, Alapati Nagar, Mehdipatnam, Hyderabad. 2) ITO, Ward-7(1), 2nd Floor, “B” Block, IT Towers, Hyderabad. 3) The CIT(A)-VI, Hyderabad 4) The Pr. CIT-VI, Hyderabad 5) The DR, ITAT, Hyderabad 6) Guard File

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