DY. COMMISSIONER OF INCOME TAX, CIRCLE-2(2), HYDERABAD vs TCI CONSTRUCTIONS LIMITED, HYDERABAD

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

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

For Respondent: Shri Prabhat Kumar Gupta, Shri P. Murali Mohan Rao

Hearing: 03/09/2018Pronounced: 03/09/2018

PER S. RIFAUR RAHMAN, A.M.:

This appeal filed by the revenue is directed against the order dated 31st July, 2017 of CIT(A) – 9, Hyderabad for AY 2011-12.

It is stated before us that the tax effect in this appeal is 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 appeal is less

2 ITA No. 2007/Hyd/17 TCI Constructions Ltd.

than Rs. 20 lakhs, the present appeal deserves to be dismissed as not pressed / not maintainable. However, we make it clear that the issues raised in the instant appeal is left open to be examined in the appropriate proceedings, if arises, in future. At the same time we 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. Pronounced in the open Court on 3rd September, 2018.

Sd/- Sd/- (P. MADHAVI DEVI) (S. RIFAUR RAHMAN) JUDICIAL MEMBER ACCOUNTANT MEMBER

Hyderabad, Dated: 3rd September, 2018 kv Copy to:- 1) DCIT, Circle – 2(2), Room No. 513, 5th Floor, Signature Towers, Kondapur, Hyderabad. 2) M/s TCI Constructions Ltd., Phase – II, Srinagar Colony, Hyderabad – 500 073. 3) CIT(A) – 9, Hyderabad 4) Pr. CIT - 2, Hyd. 5) The Departmental Representative, I.T.A.T., Hyderabad. 6) Guard File

DY. COMMISSIONER OF INCOME TAX, CIRCLE-2(2), HYDERABAD vs. TCI CONSTRUCTIONS LIMITED, HYDERABAD