Asst. Commissioner of Income Tax, Circle-9(1), Hyderabad V. Vedula Venkata Ramana , Hyderabad

ITA 1149/Hyd/2019

• Counselvise Citation: [2019] 112 COUNSELVISE.COM (IT) 5917 (ITAT-HYDERABAD)
• Duration Of Justice: 3 month(s) 29 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 13-11-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB-B
• Assessment Year: 2012-2013
• Appeal Filed On: 15-07-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: NILANJAN DEY
• Assessee Lawyers: P MURALI MOHANA RAO
• Keywords: Tax effect
• Section: 201

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH ES B , HYDERABAD BEFORE SMT. P. MADHAVI DEVI, JUDICIAL MEMBER AND SHRI A. MOHAN ALANKAMONY, ACCOUNTANT MEMBER I.T.A. NO. 114 9/HYD/201 9 ASSESSMENT YEAR: 201 2 - 1 3 ASST. COMMISSIONER OF INCOME TAX, CIRCLE - 9(1), HYDERABAD VS VEDULA VENKATA RAMANA, HYDERABAD [PAN: ABHPV1213E] (APPELLANT) (RESPONDENT) FOR R E VENUE : SHRI NILANJAN DEY, D R FOR ASSESSEE : SHRI P.MURALI MOHANA RAO, AR DATE OF HEARING : 13 - 1 1 - 201 9 DATE OF PRONOUNCEMENT : 1 3 - 1 1 - 201 9 O R D E R PER A. MOHAN ALANKAMONY, A.M. : TH I S APPEAL FILED BY THE REVENUE IS DIRECTED AGAINST THE ORDER OF THE COMMISSIONER OF INCOME TAX(APPEALS) - 7 , HYDERABAD , DATED 08 - 04 - 2019 . 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 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. 1 1 4 9 /HYD/201 9 : - 2 - : 3. AFTER HEARING LD.DR AND PERUSING THE RECORDS AS PLACED BEFORE US, WE FIND THAT TH I S APPEAL I S COVERED BY THE AFORESAID CIRCULAR AND THEREFORE, NOT MAINTAINABLE, SINCE THE TAX EFFECT IN TH I S APPEAL IS LESS THAN RS.50 LAKHS AND APPARENTLY THE CASE IS NO T COVERED BY ANY OF THE EXCEPTIONS IN THE CIRCULAR. WE THEREFORE DISMISS TH IS APPEAL ON ACCOUNT OF LOW TAX EFFECT. HOWEVER, THE REVENUE IS AT LIBERTY TO SEEK RECALL OF THE ORDER, IF THE CASE IS FOUND TO BE FALL ING WITHIN THE EXCEPTIONS MENTIONED IN THE CIRCULAR S CITED ABOVE. 4 . IN THE RESULT, THE APPEAL FILED BY REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE O PEN C OURT ON 13 TH NOVEM BER, 201 9 SD/ - SD/ - ( P. MADHAVI DEVI ) ( A. MOHAN ALANKAMONY ) JUDICIAL MEMBER ACCOUNTANT MEMBER HYDERABAD, DATED 13 TH NOVEM BER, 2 01 9 TNMM ITA NO. 1 1 4 9 /HYD/201 9 : - 3 - : COPY TO : 1. THE ASST. COMMISSIONER OF INCOME TAX, CIRCLE - 9(1), HYDERABAD. 2. VEDULA VENKATA RAMANA, #17 - 1 - 388/60, PLOT NO.60/A, LAXMI NAGAR COLONY, SAIDABAD, HYDERABAD. 3 . CIT (APPEALS) - 7 , HYDERABAD. 4 . PR. CIT - 7, HYDERABAD. 5 . D.R. ITAT, HYDERABAD. 6 . GUARD FILE.