DCIT., CIRCLE-3(2), HYDERABAD, HYDERABAD vs. M/S SRI VINAYAKA PAPER & BOARDS LIMITED, HYDERABAD

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ITA 1966/HYD/2014Status: DisposedITAT Hyderabad27 July 2018AY 2010-112 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal noted that as per CBDT Circular No. 3/2018, appeals with a tax effect below Rs. 20 lakhs should not be filed. Therefore, the appeal was dismissed.

What were the facts?

The Revenue filed an appeal before the ITAT for Assessment Year 2010-11. 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 in the CBDT circular is maintainable.

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 “A”, HYDERABAD

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

For Respondent: Shri P.V. Subba Raju, Shri P. Murali Mohan Rao
Hearing: 16/07/2018Pronounced: 27/07/2018

PER S. RIFAUR RAHMAN, A.M.:

This appeal filed by the assessee is directed against the order dated 16/10/2014 of CIT(A) – II, Hyderabad for AY 2010-11.

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 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 is less

2 ITA No. 1966/Hyd/14 M/s Sri Vinayaka Paper & Boards 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 27th July, 2018.

Sd/- Sd/- (P. MADHAVI DEVI) (S. RIFAUR RAHMAN) JUDICIAL MEMBER ACCOUNTANT MEMBER Hyderabad, Dated: 27th July, 2018 kv Copy to:- 1) DCIT, Circle – 3(2), 7th Floor, ‘B’ Block, IT Towers, AC Guards, Hyderabad. 2) M/s Sri Vinayaka Paper & Boards Ltd., 404A, Concourse, 7-1-58, Greenlands Road, Ameerpet, Hyderabad – 500 016 3) CIT(A) – II Hyderabad. 4) CIT -III, Hyd. 5) The Departmental Representative, I.T.A.T., Hyderabad. 6) Guard File

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