Sri Narra Nageswara Rao, Hyderabad V. Dy. Commissioner of Income Tax , Circle-8(1), Hyderabad

CO 7/Hyd/2018

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 0593 (ITAT-HYDERABAD)
• Duration Of Justice: 4 month(s) 26 day(s)
• Appeal Type: Cross Objection
• Pronouncement Date: 14-09-2018
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2012-2013
• Appeal Filed On: 18-04-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: KIRAN KATTA
• Assessee Lawyers: S RAMA RAO
• Keywords: Tax effect

Judgement Text

ITA NO 224 OF 2018 NARRA NAGESWARA RAO HYDERABAD. PAGE 1 OF 2 IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD A BENCH, HYDERABAD BEFORE SMT. P. MADHAVI DEVI, JUDICIAL MEMBER AND SHRI S.RIFAUR RAHMAN, ACCOUNTANT MEMBER ITA NO.224/HYD/2018 & C.O.NO.7/HYD/2018) (ASSESSMENT YEAR: 2012-13) DY. COMMISSIONER OF INCOME TAX, CIRCLE 8(1) HYDERABAD VS SRI NARRA NAGESWARA RAO HYDERABAD PAN: ACQPN0564J (APPELLANT) (RESPONDENT) FOR REVENUE : SHRI KIRAN KATTA, DR FOR ASSESSEE : SHRI S. RAMA RAO O R D E R PER SMT. P. MADHAVI DEVI, J.M. THIS APPEAL FILED BY THE REVENUE IS DIRECTED AGAINS T THE ORDER OF THE CIT (A)-2, HYDERABAD, DATED, 27 TH NOVEMBER, 2017 FOR THE A.Y 2012-13. 2. IT IS STATED BEFORE US THAT THE TAX EFFECT IN TH IS 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 TA XES (CBDT) IN EXERCISE OF ITS POWER VESTED UNDER SEC. 268A(1) OF THE I.T. ACT COMES INTO PLAY, WHEREIN, THE MONETARY LIMIT FOR FI LING THE APPEALS BY THE REVENUE BEFORE THE ITAT AND VARIOUS HIGH COU RTS AS WELL AS APEX COURT ARE REVISED WITH AN OBJECT OF REDUCING T HE TAX LITIGATION. VIDE PARA 3 OF THE SAID CIRCULAR (SUPR A)IT IS STATED THAT IN CASES WHERE THE TAX EFFECT IN THE APPEALS TO BE FILED BEFORE THE DATE OF HEARING: 07.09.2018 DATE OF PRONOUNCEMENT: 14 . 0 9 .2018 ITA NO 224 OF 2018 NARRA NAGESWARA RAO HYDERABAD. PAGE 2 OF 2 APPELLATE TRIBUNAL DOES NOT EXCEED RS.20 LAKHS APPE ALS 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 APPEAL IS LESS THAN RS.20 LAKHS, THE PR ESENT APPEAL DESERVES TO BE DISMISSED AS NOT PRESSED NOT MAINTAI NABLE. HOWEVER, WE MAKE IT CLEAR THAT THE ISSUES RAISED IN THE INSTANT APPEAL IS LEFT OPEN TO BE EXAMINED IN THE APPROPRIA TE PROCEEDINGS, IF ARISES, IN FUTURE. AT THE SAME TIME WE ALSO MAK E 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 MO VE 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 OF THE REVENUE STANDS D ISMISSED. FURTHER, THE C.O FILED BY THE ASSESSEE IS ONLY IN S UPPORT OF THE CIT (A)S ORDER AND THEREFORE, THE C.O IS ALSO DISMISSE D. ORDER PRONOUNCED IN THE OPEN COURT ON 14 TH SEPTEMBER, 2018. SD/- SD/ (S.RIFAUR RAHMAN) ACCOUNTANT MEMBER (P. MADHAVI DEVI) JUDICIAL MEMBER HYDERABAD, DATED 14 TH SEPTEMBER, 2018. VINODAN/SPS COPY TO: 1 DY.CIT, CIRCLE 8(1), 6 TH FLOOR, ROOM NO.605, SIGNATURE TOWERS, KONDAPUR, HYDERABAD 2 SHRI NARRA NAGESWARA RAO, 2-4/3/2/A, GOUTHAMINAGA R, CHANDANAGAR, SERILINGAMPALLY, HYDERABAD 500049 3 CIT (A) - 2, HYDERABAD 4 PR. CIT 2, HYDERABAD 5 THE DR, ITAT HYDERABAD 6 GUARD FILE BY ORDER