What did the Tribunal hold?

The Tribunal observed that the tax effect was below the monetary limit prescribed by CBDT Circular No. 03/2018. Therefore, the appeal filed by the Revenue was not maintainable.

The Revenue filed an appeal against an order of the CIT(A) for AY 2012-13. The tax effect involved in the appeal was noted to be below Rs. 20.00 lakhs.

What were the issues?

The primary issue was the maintainability of the Revenue's appeal due to the low tax effect, as per CBDT guidelines.

ITO vs Sri Lakshmi Narasimha Swamy… | ITAT Visakhapatnam 2018

Income Tax Appellate Tribunal, VISAKHAPATNAM BENCH, VISAKHAPATNAM

Before: SHRI V. DURGA RAO, HON’BLE & SHRI D.S. SUNDER SINGH, HON’BLE

For Respondent: Smt. Suman Malik – Sr. DR

Hearing: 04/12/2018

IN THE INCOME TAX APPELLATE TRIBUNAL VISAKHAPATNAM BENCH, VISAKHAPATNAM BEFORE SHRI V. DURGA RAO, HON’BLE JUDICIAL MEMBER & SHRI D.S. SUNDER SINGH, HON’BLE ACCOUNTANT MEMBER ITA No. 375/VIZ/2018 (Asst. Year : 2012-13) ITO (Exemptions), vs. M/s. Sri Lakshmi Narasimha Rajahmundry. Swamy Temple, Antervedi, Sakhinetipalli Mandal, East Godavari District. PAN No. AAHTS 9546 G (Appellant) (Respondent)

Assessee by : None. Department By : Smt. Suman Malik – Sr. DR Date of hearing : 04/12/2018. Date of pronouncement : 07/12/2018.

O R D E R PER V. DURGA RAO, JUDICIAL MEMBER

This is an appeal filed by the Revenue against the order of ld.CIT (Appeal), Rajamahendravaram, dated 27/04/2018 for the A.Y. 2012-13. 2. When this appeal is taken up for hearing, we noticed that tax effect involved in this appeal is below Rs. 20.00 lakhs. The same is pointed out to the ld. Departmental Representative, who sought short time for verification of the records to ascertain the tax demand.

2 ITA No.375/VIZ/2018 (M/s. Sri Lakshmi Narasimha Swamy) 3. We have heard ld. DR and perused the record. 4. We find that tax effect involved in this appeal is below Rs.20.00 lakhs, therefore, the appeal filed by the Revenue is not maintainable in view of the CBDT Circular No. 03/2018 dated 11.07.2018. However, in view of the request made by the ld.Departmental Representative, if the tax effect is above Rs.20.00 lakhs, it is open to the ld. Departmental Representative to file Misc. Application, the same will be considered in accordance with law. 5. In the result, appeal of the Revenue is dismissed. Order Pronounced in open Court on this 07th day of Dec., 2018. Sd/- sd/- (D.S. SUNDER SINGH) (V. DURGA RAO) Accountant Member Judicial Member Dated : 07th Dec., 2018. vr/- Copy to: 1. The Assessee – M/s. Sri Lakshmi Narasimha Swamy Temple, Antervedi, Sakhinetipalli Mandal, East Godavari Dist. 2. The Revenue – ITO (Exemptions),Rajahmundry. 3. The CIT (Exemptions), Hyderabad 4. The CIT(A), Rajamahendravaram. 5. The D.R., Visakhapatnam. 6. Guard file. By order

Senior Private Secretary, ITAT, Visakhapatnam.

INCOME TAX OFFICER (EXEMPTIONS), RAJAHMUNDRY vs. SRI LAKSHMI NARASIMHA SWAMY TEMPLE, ANTERVEDI

What did the Tribunal hold?

What were the facts?

What were the issues?

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