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

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.

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

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(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.

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 :

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.

CIT(Appeals)-7, Hyderabad.

Pr.CIT-7, Hyderabad.

D.R. ITAT, Hyderabad.

Guard File.

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