ASST. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-8, HYDERABAD vs. SHRI PRAMOD KUMAR GUPTA, HYDERABAD

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ITA 870/HYD/2014Status: DisposedITAT Hyderabad23 October 2019AY 2007-082 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 held that as per CBDT Circular No. 17/2019, appeals with a tax effect below Rs. 50.00 lakhs are not maintainable. This circular was also made applicable to pending appeals.

What were the facts?

The Revenue filed an appeal before the ITAT for AY 2007-08. The tax effect involved in the appeal was below Rs. 50.00 lakhs.

What were the issues?

Maintainability of the Revenue's appeal before the ITAT based on the monetary limits prescribed by CBDT circulars.

AI-generated summary — verify with the full judgment below

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

Before: SHRI V. DURGA RAO & SHRI D. S. SUNDER SINGH

For Appellant: Smt. Anam Siddiqui
For Respondent: Shri Y.V.S.T. Sai, Smt. Anam Siddiqui
Hearing: 17/10/2019

PER V. DURGA RAO, J.M.:

This appeal by the Revenue is directed against the order of Commissioner of Income Tax (Appeals)-VII, Hyderabad, dated 27/02/2014 for the Assessment Year 2007-08.

2.

When this appeal is taken up for hearing, ld.AR has submitted that the tax effect involved in this appeal is below Rs.50.00 lakhs and as per the CBDT Circular No. No.17/2019, dated 08/08/2019, this appeal is not maintainable and requested for dismissal of the same.

3.

On the other hand, ld. DR fairly accepted that the tax effect involved in this appeal is below Rs. 50.00 lakhs.

4.

In view of the CBDT Circular No.17/2019, dated 08/08/2019, which was followed by Notification No.279/Misc/M-93/2018-ITJ, dated 20/08/2019 wherein it was clarified that the revised monetary limits mentioned in Circular No.17/2019 are applicable to all pending appeals

2 ITA No. 870/H/14 Shri Pramod Kumar Gupta, Hyd. also, this appeal filed by the Revenue is not maintainable and is dismissed accordingly.

5.

In the result, the appeal filed by the Revenue is dismissed. Order Pronounced in open Court on this 23rd day of October, 2019.

Sd/- Sd/- (D.S. SUNDER SINGH) (V. DURGA RAO) ACCOUNTANT MEMBER JUDICIAL MEMBER Hyderabad, Dated: 23rd October, 2019. kv Copy to:

1.

ACIT, Central Circle – 3(1), 7th floor, Aayakar Bhavan, Basheerbagh, Hyderabad – 500 004 2. Shri Pramod Kumar Gupta, H.No. 3-5-784/B&C, Nageena, King Koti Road, Hyderabad 3. CIT(A) – VII, Hyderabad. 4. CIT(Central), Hyderabad 5. The D.R., Hyderabad 6. Guard file.

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