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Income Tax Appellate Tribunal, HYDERABAD BENCH “B”, HYDERABAD
Before: SMT. P. MADHAVI DEVI & SHRI INTURI RAMA RAO
IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH “B”, HYDERABAD BEFORE SMT. P. MADHAVI DEVI, JUDICIAL MEMBER AND SHRI INTURI RAMA RAO, ACCOUNTANT MEMBER ITA No. 973/Hyd/2017 Assessment Year: 2007-2008 DCIT, Circle-1(2), Vs. Bimco Electrical Products Hyderabad. Private Limited, Hyderabad. PAN: AAACB 8279 R (Appellant) (Respondent) Revenue by: Shri Nilanjan Dey, DR Assessee by: Shri M.S. Dayakar Date of hearing: 06.08.2018 Date of pronouncement: 06th August, 2018 ORDER PER INTURI RAMA RAO, A.M.: This appeal filed by the revenue is directed against the order dated 07.02.2017 of CIT(A)-1, Hyderabad for A.Y. 2007-08.
It is stated before us that the tax effect in this appeal is less than Rs.20 lakh 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), 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 lakh, the 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 than Rs.20 lakh, 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 06th August, 2018.
Sd/- Sd/- (P. MADHAVI DEVI) (INTURI RAMA RAO) JUDICIAL MEMBER ACCOUNTANT MEMBER Hyderabad, Dated:06th August, 2018 OKK Copy to:- 1) DCIT, Circle-1(2), B-Block, 7th Floor, I.T. Towers, A.C. Guards, Masab Tank, Hyderabad. 2) Bimco Electrical Products Private Limited, Plot No.64A, SBH Colony, Venture II, LB Nagar, Hyderabad. 3) The CIT(A)-1, Hyderabad 4) The Pr. CIT-1, Hyderabad 5) The DR, ITAT, Hyderabad 6) Guard File