ITO, WARD-1, GUNTAKAL, GUNTAKAL vs. S. ADI NARAYANA (HUF), GOOTY, GOOTY

PDF · subscribers
ITA 151/HYD/2016Status: DisposedITAT Hyderabad20 July 2018AY 2010-113 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal dismissed the appeals as not pressed/maintainable, citing CBDT Circular No. 3/2018 which sets a monetary limit for filing appeals. The issues raised were left open for future examination.

What were the facts?

The appeals were filed by various HUFs for AY 2010-11. 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 should be dismissed based on CBDT circulars.

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: 20/07/2018

PER BENCH:

All these appeals filed by different assessees are directed against separate orders, all dated, 9th November, 2015 of CIT(A), Kurnool, for AY 2010-11.

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.

2 ITA No. 149 to 152/Hyd/16 S. Venkata Narayana (HUF) and others 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 than Rs. 20 lakhs, the present appeals deserve to be dismissed as not pressed / not maintainable. However, we make it clear that the issues raised in the instant appeals 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 appeals fall 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 appeals stand dismissed.

Pronounced in the open Court on 20th July, 2018.

Sd/- Sd/- (P. MADHAVI DEVI) (S. RIFAUR RAHMAN) JUDICIAL MEMBER ACCOUNTANT MEMBER Hyderabad, Dated: 20th July, 2018 kv Copy to:- 1) ITO, Ward – 1, Gunthabavi Street, Guntakal – 515 801. 2) Shri s. Venkata Narayana, 3) Shri S. Lakshmi Narayana, C/o D. No. 2/166, Fort, 4) Shri S. Adi Narayana, Gooty – 515 401 5) S. Naga Raju 6) CIT(A), Kurnool. 7) Pr. CIT, Kurnool. 8) The Departmental Representative, I.T.A.T., Hyderabad. 9) Guard File S . N o D e s c r i p t i o n D a t e I n t l s

1 . D r a f t d i c t a t e d o n S r . P . S . / P . S 2 . D r a f t p l a c e d b e f o r e a u t h o r S r . P . S / P S

3 ITA No. 149 to 152/Hyd/16 S. Venkata Narayana (HUF) and others

3 D r a f t p r o p o s e d & p l a c e d b e f o r e t h e s e c o n d M e m b e r J M / A M 4 D r a f t d i s c u s s e d / a p p r o v e d b y s e c o n d M e m b e r J M / A M 5 A p p r o v e d D r a f t c o m e s t o t h e S r . P . S . / P S S r . P . S . / P . S 6 . K e p t f o r p r o n o u n c e m e n t o n S r . P . S . / P . S . 7 . F i l e s e n t t o t h e B e n c h C l e r k S r . P . S . / P . S 8 D a t e o n w h i c h f i l e g o e s t o t h e H e a d C l e r k 9 D a t e o f D i s p a t c h o f o r d e r

More judgments on Section 268A

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

Recent GST High Court judgments

Search GST case law →