DY. COMMISSIONER OF INCOME TAX, INTERNATIONAL TAXATION-2, HYDERABAD vs. NAKUL RAHEJA, HYDERABAD

ITA 736/HYD/2019Status: DisposedITAT Hyderabad01 October 2019AY 2014-152 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 appeal filed by the Revenue. This was based on the CBDT circulars which stipulate a minimum tax effect for appeals to the Tribunal.

What were the facts?

The Revenue filed an appeal against the CIT(A)'s order concerning the taxability of Rs. 72,32,059/- received by the assessee in India. The tax effect in the appeal was below the threshold limit set by CBDT circulars for filing appeals before the Tribunal.

What were the issues?

Whether the appeal filed by the Revenue is maintainable before the Tribunal given the tax effect. The taxability of the amount received by the assessee was the underlying issue but not decided due to the dismissal on procedural grounds.

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.736/Hyd/2019 Assessment Year: 2014-15 DCIT, Vs. Sri Nakul Raheja, International Taxation-2, Hyderabad. Hyderabad. PAN: AHFPR 7181 P (Appellant) (Respondent) Assessee by: Sri Ankit Agarwal Revenue by: Sri Nilanjan Dey, 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)-10, Hyderabad dated 18/01/2019 in appeal No.0218/CIT(A)- 10/2016-17/CIT(A), Hyd-10/10167/2016-17 passed U/s. 143(3) & 250(6) of the Act for the Asst. Year 2014-15.

The Revenue has raised the following grounds of appeal:-

Whether the amount of Rs. 72,32,059/- received by the assessee in India is to be allowed as exemption or to be taxed in India. 2. Any other grounds or ground that may be urged at the time of appeal.”

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.

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) Sri Nakul Raheja, D 602-603, Shangri La Luxury Apartments, Gorwa, Vadodara, Gujarat-39003. 2) DCIT, International Taxation-2, R.No.506, 5th Floor, Aayakar Bhavan, Basheerbagh, Hyderabad. 3) The CIT(A)-10, Hyderabad 4) The Pr. CIT-10, Hyderabad 5) The DR, ITAT, Hyderabad 6) Guard File

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