INCOME TAX OFFICER, WARD-15(3), HYDERABAD vs. G.RAVI KUMAR REDDY, HYDERABAD

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ITA 958/HYD/2018Status: DisposedITAT Hyderabad16 August 2019AY 2014-153 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 as not maintainable due to the low tax effect, in line with CBDT Circular No. 03/2018. The issues raised were left open for future proceedings.

What were the facts?

The Revenue filed an appeal before the ITAT. The assessee's counsel pointed out that the tax effect was below Rs. 20 lakhs, making the appeal non-maintainable as per CBDT Circular No. 03/2018.

What were the issues?

Whether an appeal filed by the Revenue is maintainable before the ITAT when the tax effect is below the threshold specified in CBDT Circular No. 03/2018.

Which sections of the Income-tax Act were involved?

Section 268A

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, HYDERABAD BENCHES “SMC”, HYDERABAD

Before: SMT. P. MADHAVI DEVI

This appeal filed by the Revenue is directed against the order of the Commissioner of Income Tax (Appeals)–7, Hyderabad, dated 27-03-2018 for the AY.2014-15.

2.

At the time of hearing, Ld.Counsel for the assessee has filed computation of tax effect in this appeal and has submitted that the tax effect in this appeal is less than Rs. 20 lakhs and therefore the Circular No. 03/2018 dated 11-07- 2018 issued by the Central Board of Direct Taxes (CBDT) in exercise of its power vested under Sec. 268A(1) of the I.T. Act comes into play, wherein, the monetary limit for filing the appeals by the Revenue before the ITAT and various High Courts as well as Apex Court are revised with an object of the reducing the tax litigation. Vide para 3 of the said circular

:- 2 -: ITA No. 958/Hyd/2018

(supra), it is stated that in cases where the tax effect in the appeals to be filed before the Appellate Tribunal does not exceed Rs. 20 lakhs appeals should not be filed. Ld.DR also confirmed that tax effect in this appeal is less than Rs.20 Lakhs. Thus, taking a note of CBDT Circular No. 03/2018, dated 11-07-2018 and considering the fact that the tax effect in the instant appeal is less than Rs. 20 lakhs, the present appeal deserves to be dismissed as not pressed / not maintainable. However, I make it clear that the issue raised in the instant appeal are left open to be examined in the appropriate proceedings, if arises, in future. At the same time, I also make it clear that if the appeal falls in any of the exceptions referred to in the above said CBDT Circular, the Revenue is at liberty to move an application for recalling the order, if so, advised.

3.

Accordingly in the light of CBDT Circular No. 03/2018 dated 11-07-2018, the appeal stands dismissed.

Order pronounced in the open court on 16th August, 2019

Sd/- (P. MADHAVI DEVI) JUDICIAL MEMBER Hyderabad, Dated 16th August, 2019 TNMM

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Copy to :

1.

The Income Tax Officer, Ward-15(3), Hyderabad. 2. Sri G. Ravi Kumar Reddy, H.No.12-1-1325/16/3, Laxmi Nagar, North Lalaguda, Secunderabad.

3.

CIT(Appeals)-7, Hyderabad.

4.

Pr.CIT-7, Hyderabad.

5.

D.R. ITAT, Hyderabad.

6.

Guard File.

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