INCOME TAX OFFICER, WARD-2(4), HYDERABAD vs. KARUNASREE THERATIPALLY, HYDERABAD

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ITA 436/HYD/2020Status: DisposedITAT Hyderabad17 March 2022AY 2014-153 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 filed by the Revenue. This decision was based on the CBDT Circulars which stipulate a minimum tax effect of Rs. 50.00 lakhs for filing appeals. Since the tax effect in this case was below the prescribed limit, the appeal was dismissed.

What were the facts?

The Revenue filed an appeal before the Income Tax Appellate Tribunal (ITAT) for Assessment Year 2014-15. The appeal was directed against an order passed by the CIT(A) involving proceedings under Section 143(3) read with Section 263 of the Income Tax Act, 1961.

What were the issues?

The primary issue was whether the Revenue's appeal should be entertained given the tax effect was below the threshold stipulated by CBDT circulars for filing appeals before the Tribunal.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 263

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, HYDERABAD BENCHES “A”: HYDERABAD

Before: SHRI SATBEER SINGH GODARA & LAXMI PRASAD SAHU

For Appellant: Smt. Sandhya for Shri S. Rama Rao
For Respondent: Shri Sunil Goutham, Smt. Sandhya for Shri S. Rama Rao
Hearing: 16/03/2022Pronounced: 17/03/2022

O R D E R PER BENCH: This appeal filed by the Revenue for AY 2014-15 is directed against CIT(A) - 2, Hyderabad’s order dated 29/05/2020 involving proceedings u/s 143(3) r.w.s. 263 of the Income Tax Act, 1961 ; in short “the Act”.

2.

At the time of hearing it has been brought to our notice that as per the CBDT Circulars No.03/2018 dated 11.07.2018 and Circular No.17 of 2019 dated 9 th August,

:- 2 -: Karunsasree Theratipally, Hyd.

2019, the tax limit for filing of appeal by the Revenue before the Tribunal has been fixed at Rs.50.00 lakhs. Since the tax effect in this appeal is less than Rs.50.00 lakhs, we are dismissing the same on account of low tax effect with the liberty to the Revenue to seek recall of the order, if any, of this case falls within the exceptions mentioned in the Circulars cited above. 3. In the result, Revenue’s appeal is dismissed in above terms. Pronounced in the open court on 17th March, 2022

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