INCOME TAX OFFICER, WARD-2(4), HYDERABAD vs. M/S TOURIST INDIA CONVENTION & HOTEL PVT. LTD., HYDERABAD

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ITA 1319/HYD/2017Status: DisposedITAT Hyderabad03 August 2018AY 2008-092 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, citing CBDT Circular No. 3/2018 which sets a monetary limit for filing appeals. The issues raised were left open for future proceedings.

What were the facts?

The Revenue filed an appeal before the ITAT for AY 2008-09. The tax effect in this appeal was less than Rs. 20 lakhs.

What were the issues?

Whether an appeal filed by the Revenue with a tax effect below the prescribed monetary limit under CBDT Circular No. 3/2018 is 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: Shri M. Sitharam, Shri Ajay Gandhi
Hearing: 01/08/2018Pronounced: 03/08/2018

PER S. RIFAUR RAHMAN, A.M.:

This appeal filed by the revenue is directed against the order dated 11/05/2017 of CIT(A) – 1, Guntur for AY 2008-09.

2.

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. 1319/Hyd/17 Tourist India Convention & Hotel Pvt. Ltd., Hyd. 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.

3.

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 August, 2018.

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

Hyderabad, Dated:3rd August, 2018 kv Copy to:- 1) ITO, Room No. 509, 5th Floor, Signature Towers, Opp Botanical Kondapur, Hyderabad. 2) M/s Tourist India Convention & Hotel Pvt. Ltd., D.No. 3-4-1081, Kachiguda Railway Station Road, Hyd. 3) CIT(A) – 1, Guntur 4) Pr. CIT(Central), Hyd. 5) The Departmental Representative, I.T.A.T., Hyderabad. 6) Guard File

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