ACIT, CIRCLE-8(1), HYD, HYDERABAD vs. B. AJAY, HYD, HYDERABAD
In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.
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.
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
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.
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.
Shri B.Vijay, H.No.1-40, CBIT(Post), Manikonda Village, Rajendra Nagar Mandal, Hyderabad.
Shri B.Ajay, H.No.1-40, CBIT(Post), Manikonda Village, Rajendra Nagar Mandal, Hyderabad.
CIT (Appeals)-2, Hyderabad.
Pr.CIT-2, Hyderabad.
D.R. ITAT, Hyderabad.
Guard File.
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