ITO, WARD-3(3), HYD, HYDERABAD vs. SREENIDHI INTERNATIONAL PVT.LTD., S'BAD, SECUNDERABAD

PDF · subscribers
ITA 1215/HYD/2016Status: DisposedITAT Hyderabad01 October 2019AY 2013-143 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 appeals to the Tribunal, which was not met in this case.

What were the facts?

The Revenue filed an appeal against the CIT(A)'s order for AY 2013-14. The appeal concerned the classification of income from letting out land and school buildings.

What were the issues?

The primary issue was whether the income from letting out land and school buildings should be treated as income from house property. The appeal was dismissed due to the tax effect being below the prescribed limit for filing appeals to the Tribunal.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 250(6)

AI-generated summary — verify with the full judgment below

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

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

Hearing: 01/10/2019Pronounced: 01/10/2019

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH “B”, HYDERABAD BEFORE SMT. P. MADHAVI DEVI, JUDICIAL MEMBER AND SHRI A. MOHAN ALANKAMONY, ACCOUNTANT MEMBER ITA No.1215/Hyd/2016 Assessment Year: 2013-14 Income Tax Officer, Vs. M/s. Sreenidhi Ward-3(3), International Pvt Ltd., Hyderabad. 1-2-288/23/1, Domalguda, Secunderabad-500029. PAN: AAFCS 5355 L (Appellant) (Respondent) Assessee by: Sri S. Rama Rao Revenue by: Sri N. Ravi Babu, DR 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)-3, Hyderabad dated 16/06/2016 in appeal No.0198/CIT(A)- 3/15-16 passed U/s. 143(3) & 250(6) of the Act for the Asst. Year 2013- 14.

2.

The Revenue has raised the following grounds of appeal:-

1.

The Ld. CIT(A) erred both in law and on facts of the case. 2. The Ld. CIT(A) erred in not treating the income from letting out of land and school buildings as income from house property as decided by the Assessing Officer.

3.

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) M/s. Sreenidhi International Pvt Ltd., 1-2-288/23/1, Domalguda, Secunderabad-500029. 2) Income Tax Officer, Ward-3(3),7th Floor, R.No. 708, Signature Towers, Kondapur, Hyderabad. 3) The CIT(A)-3, Hyderabad

4) The Pr. CIT-3, Hyderabad 5) The DR, ITAT, Hyderabad 6) Guard File

Recent GST High Court judgments

Search GST case law →