Dy. Commissioner of Income Tax , Circle-8(1), Hyderabad V. Sarotham Reddy Cheraku , Hyderabad

ITA 1032/Hyd/2019

• Counselvise Citation: [2019] 112 COUNSELVISE.COM (IT) 2294 (ITAT-HYDERABAD)
• Duration Of Justice: 5 month(s) 14 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 05-12-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB-B
• Assessment Year: 2015-2016
• Appeal Filed On: 21-06-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: KIRAN KATTA
• Assessee Lawyers: V.SREELATHA REDDY
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCHES B, HYDERABAD BEFORE SHRI D.KARUNAKARA RAO, ACCOUNTANT MEMBER AND SHRI V.DURGA RAO, JUDICIAL MEMBER I.T.A. NO. 1032/HYD/2019 ASSESSMENT YEAR: 2015-16 DY. COMMISSIONER OF INCOME TAX, CIRCLE-8(1), HYDERABAD VS SRI SAROTHAM REDDY CHERAKU, HYDERABAD [PAN: ADSPC8194J] (APPELLANT) (RESPONDENT) FOR REVENUE : SHRI KIRAN KATTA, DR FOR ASSESSEE : SMT. V.SREELATHA REDDY, AR DATE OF HEARING : 05-12-2019 DATE OF PRONOUNCEMENT : 05-12-2019 O R D E R PER D.KARUNAKARA RAO, A.M. : THIS APPEAL OF REVENUE IS DIRECTED AGAINST THE ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS)-11, HYDERABAD, DATED 29-03-2019. 2. AT THE TIME OF HEARING, IT HAS BEEN BROUGHT TO OUR NO TICE THAT AS PER THE CBDT CIRCULAR NO.03/2018 DATED 11-07-2018 AND CIRCULAR NO.17 OF 2019 DATED 8 TH AUGUST, 2019, THE TAX LIMIT FOR FILING OF APPEAL BY THE REVENUE BEFORE THE TRIBUNAL HAS BEEN FIXED AT RS.50 LAKHS. ITA NO. 1032/HYD/2019 :- 2 -: 3. AFTER HEARING LD.DR AND PERUSING THE RECORDS AS PL ACED BEFORE US, WE FIND THAT THIS APPEAL IS COVERED BY THE AFORESA ID CIRCULARS AND THEREFORE, NOT MAINTAINABLE, SINCE THE TAX EFFECT IN THIS APPEAL IS LESS THAN RS.50 LAKHS AND APPARENTLY THE CASE IS NOT COVERE D BY ANY OF THE EXCEPTIONS IN THE CIRCULARS. WE THEREFORE DISMISS THIS APPEAL ON ACCOUNT OF LOW TAX EFFECT. HOWEVER, THE REVENUE IS AT LI BERTY TO SEEK RECALL OF THE ORDER, IF THE CASE IS FOUND TO BE FALLIN G WITHIN THE EXCEPTIONS MENTIONED IN THE CIRCULARS CITED ABOVE. 4. IN THE RESULT, THE APPEAL FILED BY REVENUE IS DISMI SSED. ORDER PRONOUNCED IN THE OPEN COURT ON 5 TH DECEMBER, 2019 SD/- SD/- (V. DURGA RAO) (D. KARUNAKARA R AO) JUDICIAL MEMBER ACCOUNTANT MEMBER HYDERABAD, DATED 5 TH DECEMBER, 2019 TNMM ITA NO. 1032/HYD/2019 :- 3 -: COPY TO : 1. THE DY.COMMISSIONER OF INCOME TAX, CIRCLE-8(1), HYDERABAD. 2. SRI SAROTHAM REDDY CHERAKU, VILLA NO.30, OPEN SK IES, RAJAPUSHPA CONSTRUCTIONS, GOLDEN MILE ROAD, KOKAPET , HYDERABAD. 3. CIT(APPEALS)-11, HYDERABAD. 4. PR.CIT(CENTRAL), HYDERABAD. 5. D.R. ITAT, HYDERABAD. 6. GUARD FILE.