ACIT, CIRCLE-8(1), HYD, HYDERABAD vs. B. AJAY, HYD, HYDERABAD

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ITA 1027/HYD/2015Status: DisposedITAT Hyderabad01 October 2019AY 2010-113 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 appeals were not maintainable as the tax effect was below the threshold limit prescribed by CBDT circulars. The appeals were dismissed on account of low tax effect.

What were the facts?

The Revenue filed appeals before the Income Tax Appellate Tribunal (ITAT) for assessment year 2010-11. The appeals were against orders passed by the Commissioner of Income Tax(Appeals).

What were the issues?

Whether appeals filed by the Revenue are maintainable before the Tribunal when the tax effect is below the monetary limit prescribed by CBDT circulars.

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 Smt. P. MADHAVI DEVI, J.M. :

These appeals filed by the Revenue are directed against the orders of the Commissioner of Income Tax(Appeals)-2, Hyderabad, for the AY.2010-11.

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 -: I.T.A. Nos.1026 & 1027/Hyd/2015

3.

After hearing both the sides and perusing the records as placed before us, we found that these appeals are covered by the aforesaid circular and are, therefore, not maintainable. Since the tax effect in these appeals is less than Rs.50 Lakhs, we are dismissing the same on account of low tax effect as apparently the case is not covered by any of the exceptions in the circular. However, the Revenue is at liberty to seek recall of the order, if these cases are found to be falling within the exceptions mentioned in the circulars cited above.

4.

In the result, both the appeals filed by Revenue are dismissed.

Order pronounced in the open court on 1st October, 2019

Sd/- Sd/- ( A. MOHAN ALANKAMONY ) ( P. MADHAVI DEVI ) ACCOUNTANT MEMBER JUDICIAL MEMBER

Hyderabad, Dated 1st October, 2019 TNMM

:- 3 -: I.T.A. Nos.1026 & 1027/Hyd/2015

Copy to : 1. The Asst.Commissioner of Income Tax, Circle-8(1), Hyderabad.

2.

Shri B.Vijay, H.No.1-40, CBIT(Post), Manikonda Village, Rajendra Nagar Mandal, Hyderabad.

3.

Shri B.Ajay, H.No.1-40, CBIT(Post), Manikonda Village, Rajendra Nagar Mandal, Hyderabad.

4.

CIT (Appeals)-2, Hyderabad.

5.

Pr.CIT-2, Hyderabad.

6.

D.R. ITAT, Hyderabad.

7.

Guard File.

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