Asst. Commissioner of Income Tax, Circle-1, Kurnool V. B. Mangala , Kurnool

ITA 1035/Hyd/2018

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 0639 (ITAT-HYDERABAD)
• Duration Of Justice: 3 month(s) 20 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 12-09-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2014-2015
• Appeal Filed On: 22-05-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: P V SUBBA RAJU
• Assessee Lawyers: S RAMA RAO
• Keywords: Tax effect
• Section: 2

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCHES B, HYDERABAD BEFORE SMT. P. MADHAVI DEVI, JUDICIAL MEMBER AND SHRI S. RIFAUR RAHMAN, ACCOUNTANT MEMBER I.T.A. NO. 1035/HYD/2018 ASSESSMENT YEAR: 2014-15 ASST. COMMISSIONER OF INCOME TAX, CIRCLE-1, KURNOOL VS SMT. B. MANGALA, KURNOOL [PAN: AXMPB2837M] (APPELLANT) (RESPONDENT) FOR REVENUE : SHRI P.V. SUBBARAJU, DR FOR ASSESSEE : SHRI S. RAMA RAO, AR DATE OF HEARING : 07-09-2018 DATE OF PRONOUNCEMENT : 12-09-2018 O R D E R PER S. RIFAUR RAHMAN, A.M. : THIS APPEAL FILED BY THE REVENUE IS DIRECTED AGAINST THE ORDER DATED 09-03-2018 OF THE COMMISSIONER OF INCOME TAX (APPEALS)KURNOOL, FOR THE AY. 2014-15. 2. IT IS STATED BEFORE US THAT THE TAX EFFECT IN THIS APPE AL IS LESS THAN RS. 20 LAKHS AND THEREFORE THE CIRCULAR NO. 03/2018 DATED 11-07-2018 ISSUED BY THE CENTRAL BOARD OF DIREC T TAXES (CBDT) IN EXERCISE OF ITS POWER VESTED UNDER SEC. 2 68A(1) OF THE I.T. ACT COMES INTO PLAY, WHEREIN, THE MONETARY LIMIT F OR FILING THE APPEALS BY THE REVENUE BEFORE THE ITAT AND VARIOU S HIGH ITA NO. 1035/HYD/2018 :- 2 -: COURTS AS WELL AS APEX COURT ARE REVISED WITH AN OBJEC T OF THE REDUCING THE TAX LITIGATION. VIDE PARA 3 OF THE SAID C IRCULAR (SUPRA) IS STATED THAT IN CASES WHERE THE TAX EFFECT IN TH E APPEALS TO BE FILED BEFORE THE APPELLATE TRIBUNAL DOE S NOT EXCEED RS. 20 LAKHS APPEALS SHOULD NOT BE FILED. TH US TAKING A NOTE OF CBDT CIRCULAR NO. 03/2018, DATED 11-07-2018 A ND CONSIDERING THE FACT THAT THE TAX EFFECT IN THE INSTANT APP EAL IS LESS THAN RS. 20 LAKHS, THE PRESENT APPEAL DESERVES TO BE DISMISSED AS NOT PRESSED / NOT MAINTAINABLE. HOWEVER, WE MAKE IT CLEAR THAT THE ISSUES RAISED IN THE INSTANT APPEAL IS LEFT OPEN TO BE EXAMINED IN THE APPROPRIATE PROCEEDINGS, I F ARISES, IN FUTURE. AT THE SAME TIME WE ALSO MAKE IT CLEAR THAT IF THE APPEAL FALLS IN ANY OF THE EXCEPTIONS REFERRED TO IN T HE ABOVE SAID CBDT CIRCULAR, THE REVENUE IS AT LIBERTY TO MOVE 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 STANDS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 12 TH SEPTEMBER, 2018 SD/- SD/- (P. MADHAVI DEVI) (S. RIFAUR RAHMA N) JUDICIAL MEMBER ACCOUNTANT MEMBER HYDERABAD, DATED 12 TH SEPTEMBER, 2018 TNMM ITA NO. 1035/HYD/2018 :- 3 -: COPY TO : 1. THE ASST. COMMISSIONER OF INCOME TAX, CIRCLE-1, KURNOOL. 2. SMT. B. MANGALA, H.NO. 67/99-A, KOTTA STREET, KU RNOOL. 3. CIT(APPEALS)-KURNOOL. 4. PR.CIT-KURNOOL. 5. D.R. ITAT, HYDERABAD. 6. GUARD FILE.