DY. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(3)., HYDERABAD vs. B.NARSIMHA REDDY, KURNOOL

PDF · subscribers
ITA 1356/HYD/2017Status: DisposedITAT Hyderabad30 January 2019AY 2009-102 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal dismissed the appeals as not pressed and not maintainable, citing CBDT Circular No. 3/2018 which sets a monetary limit for filing appeals. The Revenue also requested to withdraw these specific appeals.

What were the facts?

The Revenue filed appeals before the ITAT for assessment years 2008-09 to 2011-12. The tax effect in these appeals was less than Rs. 20 lakhs.

What were the issues?

Whether appeals with a tax effect below the prescribed monetary limit in CBDT Circular No. 3/2018 are maintainable before the ITAT.

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 BENCH “B”, HYDERABAD

Before: SMT. P. MADHAVI DEVI & SHRI S. RIFAUR RAHMAN

For Respondent: Smt. N. Swapna

THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH “B”, HYDERABAD BEFORE SMT. P. MADHAVI DEVI, JUDICIAL MEMBER AND SHRI S. RIFAUR RAHMAN, ACCOUNTANT MEMBER ITA Nos. 1355, 1356, 1357 & 1358/Hyd/2017 Assessment Years: 2008-09, 2009-10, 2010-11 & 2011-12 Dy. Commissioner of Income-tax vs. B. Narasimha Reddy, Kurnool. Officer, Central Circle – 1(3), Hyderabad.

(Appellant) (Respondent) Revenue by : Smt. N. Swapna Assessee by : None Date of hearing : 30-01-2019 Date of pronouncement : 30-01-2019

O R D E R PER BENCH: All these appeals of the revenue are directed against a common order of CIT(A) –11, Hyderabad, dated 31/03/2017 for AYs 2008-09 to 2011-12. 2. It is stated before us that the tax effect in these appeals are less than Rs. 20 lakhs and therefore the Circular No. 3/2018 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 (supra) 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. 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 appeals are less than Rs. 20 lakhs, the present appeals deserve to be dismissed as

2 ITA Nos. 1355 to 1358 /Hyd/2017 B. Narasimha Reddy, Kurnool. not pressed / not maintainable. Further, it is brought to our notice that Office of the PCIT (Central) has forwarded a letter dated 23/01/2019 to withdraw these specific appeals. The tax effect in these appeals are less than Rs. 20 lakhs in each individual case and the same was confirmed by the ld. DR before us. Therefore, these appeals are dismissed as withdrawn.

3.

Accordingly, in the light of CBDT Circular No. 03/2018 dated 11.07.2018, the appeals stand dismissed. Pronounced in the open court on 30th January, 2019.

Sd/- Sd/- (P. MADHAVI DEVI) (S. RIFAUR RAHMAN) JUDICIAL MEMBER ACCOUNTANT MEMBER Hyderabad, Dated: 30th January, 2019. kv Copy to:- 1)DCIT, Central Circle – 1(3), 7th Floor, Aayakar Bhavan, Basheerbagh, Hyderabad. 2)Shri B. Narsimha Reddy, D.No. 1-40, Yadawada, Allagadda, Kurnool District, AP. 3) CIT(A) – 11, Hyderabad. 4) Pr. CIT(Central), Hyd. 5) The Departmental Representative, I.T.A.T., Hyderabad. 6) Guard File

More judgments on Section 268A

All 3,931 judgments and leading authorities on Section 268A →

Recent GST High Court judgments

Search GST case law →