ACIT, Circle-8(1), Hyd, Hyderabad V. B. Vijay, Hyd, Hyderabad

ITA 1026/HYD/2015

• Counselvise Citation: [2019] 115 COUNSELVISE.COM (IT) 5921 (ITAT-HYDERABAD)
• Duration Of Justice: 4 year(s) 1 month(s) 25 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 01-10-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB-B
• Next Hearing Date: 01-10-2019
• Assessment Year: 2010-2011
• Appeal Filed On: 06-08-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: NILANJAN DEY
• Assessee Lawyers: S RAMA RAO
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCHES B, HYDERABAD BEFORE SMT. P. MADHAVI DEVI, JUDICIAL MEMBER AND SHRI A. MOHAN ALANKAMONY, ACCOUNTANT MEMBER ITA NO. ASST. YEAR APPELLANT RESPONDENT 1026/HYD/15 2010-11 THE ASST. COMMISSIONER OF INCOME TAX, CIRCLE-8(1), HYDERABAD SRI B. VIJAY, HYDERABAD [PAN: AGLPB9964B] 1027/HYD/15 2010-11 SRI B. AJAY, HYDERABAD [PAN: AGLPB9965A] FOR REVENUE : SHRI NILANJAN DEY, DR FOR ASSESSEE : SHRI S.RAMA RAO, AR DATE OF HEARING : 01-10-2019 DATE OF PRONOUNCEMENT : 01-10-2019 O R D E R PER SMT. P. MADHAVI DEVI, J.M. : THESE APPEALS FILED BY THE REVENUE ARE DIRECTED AGAIN ST THE ORDERS OF THE COMMISSIONER OF INCOME TAX(APPEALS) -2, HYDERABAD, FOR THE AY.2010-11. 2. AT THE TIME OF HEARING, IT HAS BEEN BROUGHT TO OUR NO TICE THAT AS PER THE CBDT CIRCULARS NO.03/2018 DATED 11-07-2 018 AND CIRCULAR NO.17 OF 2019 DATED 8 TH AUGUST, 2019, THE TAX LIMIT FOR FILING OF APPEAL BY THE REVENUE BEFORE THE TRIBUN AL HAS BEEN FIXED AT RS.50 LAKHS. I.T.A. NOS.1026 & 1027/HYD/2015 :- 2 -: 3. AFTER HEARING BOTH THE SIDES AND PERUSING THE RECORD S AS PLACED BEFORE US, WE FOUND THAT THESE APPEALS ARE COV ERED BY THE AFORESAID CIRCULAR AND ARE, THEREFORE, NOT MAINTAI NABLE. SINCE THE TAX EFFECT IN THESE APPEALS IS LESS THAN RS. 50 LAKHS, WE ARE DISMISSING THE SAME ON ACCOUNT OF LOW TAX EFFEC T AS APPARENTLY THE CASE IS NOT COVERED BY ANY OF THE EXCEPTI ONS IN THE CIRCULAR. HOWEVER, THE REVENUE IS AT LIBERTY TO SEE K RECALL OF THE ORDER, IF THESE CASES ARE FOUND TO BE FALLING WITH IN THE EXCEPTIONS MENTIONED IN THE CIRCULARS CITED ABOVE. 4. IN THE RESULT, BOTH THE APPEALS FILED BY REVENUE AR E DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 1 ST OCTOBER, 2019 SD/- SD/- ( A. MOHAN ALANKAMONY ) ( P. MADHAVI DEVI ) ACCOUNTANT MEMBER JUDICIAL MEMBER HYDERABAD, DATED 1 ST OCTOBER, 2019 TNMM I.T.A. NOS.1026 & 1027/HYD/2015 :- 3 -: COPY TO : 1. THE ASST.COMMISSIONER OF INCOME TAX, CIRCLE-8(1) , HYDERABAD. 2. SHRI B.VIJAY, H.NO.1-40, CBIT(POST), MANIKONDA V ILLAGE, RAJENDRA NAGAR MANDAL, HYDERABAD. 3. SHRI B.AJAY, H.NO.1-40, CBIT(POST), MANIKONDA VI LLAGE, RAJENDRA NAGAR MANDAL, HYDERABAD. 4. CIT (APPEALS)-2, HYDERABAD. 5. PR.CIT-2, HYDERABAD. 6. D.R. ITAT, HYDERABAD. 7. GUARD FILE.