Asst. Commissioner of Income Tax, Circle-1, Warangal V. Jaya Hospitals & Jaya Nursing Home, Warangal, Warangal

ITA 1154/Hyd/2017

• Counselvise Citation: [2018] 119 COUNSELVISE.COM (IT) 5342 (ITAT-HYDERABAD)
• Duration Of Justice: 1 year(s) 3 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 17-10-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 28-02-2019
• Assessment Year: 2006-2007
• Appeal Filed On: 06-07-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: NILANJAN DEY
• Assessee Lawyers: K A SAI PRASAD
• Keywords: Tax effect

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. 1154/HYD/2017 ASSESSMENT YEAR: 2006-07 ASST. COMMISSIONER OF INCOME TAX, CIRCLE-1, WARANGAL VS M/S. JAYA HOSPITALS & JAYA NURSING HOME, WARANGAL [PAN: AABFJ2166R] (APPELLANT) (RESPONDENT) FOR REVENUE : SHRI NILANJAN DEY, DR FOR ASSESSEE : SHRI K.A. SAI PRASAD, AR DATE OF HEARING : 28-09-2018 DATE OF PRONOUNCEMENT : 17-10-2018 O R D E R PER S. RIFAUR RAHMAN, A.M. : THIS APPEAL FILED BY THE REVENUE IS DIRECTED AGAINST THE ORDER DATED 03-02-2017 OF THE COMMISSIONER OF INCOME TAX (APPEALS)10, HYDERABAD FOR THE AY. 2006-07. 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. 26 8A(1) OF THE I.T. ACT COMES INTO PLAY, WHEREIN, THE MONETARY LIMIT F OR FILING ITA NO. 1154/HYD/2017 :- 2 -: THE APPEALS BY THE REVENUE BEFORE THE ITAT AND VARIOU S HIGH 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 AND 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 I F THE APPEAL FALLS IN ANY OF THE EXCEPTIONS REFERRED TO IN TH E 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. 03/2 018 DATED 11-07-2018, THE APPEAL STANDS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 17 TH OCTOBER, 2018 SD/- SD/- (P. MADHAVI DEVI) (S. RIFAUR RAHMA N) JUDICIAL MEMBER ACCOUNTANT MEMBER HYDERABAD, DATED 17 TH OCTOBER, 2018 TNMM ITA NO. 1154/HYD/2017 :- 3 -: COPY TO : 1. THE ASST. COMMISSIONER OF INCOME TAX, CIRCLE-1, WARANGAL. 2. M/S. JAYA HOSPITALS & JAYA NURSING HOME, H.NO. 6-2-234, CHOWRASTHA, HANAMKONDA, WARANGAL. 3. CIT(APPEALS)-10, HYDERABAD. 4. PR.CIT-3, HYDERABAD. 5. D.R. ITAT, HYDERABAD. 6. GUARD FILE.