What did the Tribunal hold?

The Tribunal held that as per CBDT Circular No. 03/2018, appeals with a tax effect below Rs. 20 lakhs are not maintainable. Therefore, the revenue's appeal was dismissed.

The revenue filed an appeal against the CIT(A)'s order for the assessment year 2014-15. The tax effect involved in the appeal was below Rs. 20 lakhs.

What were the issues?

The maintainability of the revenue's appeal before the ITAT based on the tax effect, in light of CBDT circulars.

ACIT vs Psv Engineers & Contractors… | ITAT Visakhapatnam 2018

Income Tax Appellate Tribunal, VISAKHAPATNAM BENCH, VISAKHAPATNAM

Before: SHRI V. DURGA RAO& SHRI D.S. SUNDER SINGH

For Appellant: Smt. Suman Malik, DR

Hearing: 14.11.2018

आदेश /O R D E R

PER D.S. SUNDER SINGH, Accountant Member: This appeal is filed by the revenue against the order of the Commissioner of Income Tax(Appeals) [CIT(A)]-10, Hyderabad vide I.T.A.No.0135/CIT(A)-10/2017-18/CIT(A), Hyd-10/10093/2017-18 dated 15.05.2018 for the assessment year 2014-15.

2 I.T.A. No.406 /Viz/2018 M/s P.S.V.Engineers & Contractors Pvt. Ltd, Visakhapatnam

When this appeal is taken up for hearing, the Ld. DR has submitted that the tax effect involved in this appeal is below Rs.20 lakhs. As per the latest circular No. 03/2018, dated 11.07.2018 CBDT being retrospective in nature, which is in supersession of its Circular No. 21/2015 dated 10.12.2015, in relation to filing of appeals before the Income Tax Appellate Tribunal, the appeal filed by the revenue is not maintainable, since the tax effect in this case is below Rs.20 lakhs. In view of the above, the appeal filed by the revenue is not maintainable. Hence, the same is dismissed.

In the result, the appeal filed by the revenue is dismissed.

Order pronounced in the open court on 16th November, 2018.

Sd/- Sd/- (िी.दुगाा राि) (धड.एस. सुन्दर ससह) (V. DURGA RAO) (D.S. SUNDER SINGH) न्याधयक सदस्य/JUDICIAL MEMBER लेखा सदस्य/ACCOUNTANT MEMBER धिशाखापटणम /Visakhapatnam ददिांक /Dated : 16.11.2018 L.Rama, SPS

3 I.T.A. No.406 /Viz/2018 M/s P.S.V.Engineers & Contractors Pvt. Ltd, Visakhapatnam

आदेश की प्रधिधलधप अग्रेधर्ि/Copy of the order forwarded to:- 1. राजस्व/ The Revenue – ACIT, Circle-3(1), Visakhapatnam 2. ननर्ााररती/ The Assessee- M/s P.S.V.Engineers & Contractors Pvt. Ltd., D.No.50-40-15, Seethammadhara, Visakhapatnam 3. The Pr.Commissioner of Income Tax-1, Visakhapatnam 4. The Commissioner of Income-Tax (Appeals)-10, Hyderabad 5. धिभागीय प्रधिधिधि, आयकर अपीलीय अधिकरण, धिशाखापटणम /DR, ITAT, Visakhapatnam 6.गाडाफ़ाईल / Guard file आदेशािुसार / BY ORDER // True Copy //

Sr. Private Secretary ITAT, VISAKHAPATNAM

ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-3(1), VISAKHAPATNAM vs. PSV ENGINEERS & CONTRACTORS PRIVATE LIMITED, VISAKHAPATNAM

What did the Tribunal hold?

What were the facts?

What were the issues?

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