Income Tax Officer, Ward-15(2), Hyderabad V. Falcon Builders , Hyderabad

ITA 1161/Hyd/2017

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 2481 (ITAT-HYDERABAD)
• Duration Of Justice: 1 year(s) 1 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 29-08-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 21-08-2018
• Assessment Year: 2012-2013
• Appeal Filed On: 06-07-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: R C ROUT
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH A , HYDERABAD BEFORE SMT. P. MADHAVI DEVI, JUDICIAL MEMBER AND SHRI INTURI RAMA RAO, ACCOUNTANT MEMBER ITA NO.1161/HYD/2017 ASSESSMENT YEAR: 2012 - 13 INCOME TAX OFFICER, WARD - 5(2), I.T. TOWERS, HYDERABAD. VS. M/S. FELCON BUILDERS, H.NO. 1 - 1 - 53, ROAD NO.1, HABSIGUDA, HYDERABAD. PAN: AACFF 4670 P (APPELLANT) (RESPONDENT) REVENUE BY: SRI R.C. ROUT, DR ASSESSEE BY: SRI MOHD. AFZAL DATE OF HEARING: 21.08.2018 DATE OF PRONOUNCEMENT: 29 .08.2018 ORDER PER INTURI RAMA RAO, A.M.: THIS APPEAL FILED BY THE REVENUE IS DIRECTED AGAINST THE ORDER DATED 22.11.2016 OF CIT(A) - 7 , HYDERABAD FOR A.Y. 20 12 - 13 . 2. IT IS STATED BEFORE US THAT THE TAX EFFECT IN THIS APPEAL IS LESS THAN RS.20 LAKH AND THEREFORE THE CIRCULAR NO.3/2018 DATED 11.07.2018 ISSUED BY THE CENTRAL BOARD OF DIRECT TAXES (CBDT) IN EXERCISE OF ITS POWER VESTED UNDER SEC. 268A(1) OF THE I.T. AC T COMES INTO PLAY, WHEREIN, THE MONETARY LIMIT FOR FILING THE APPEALS BY THE REVENUE BEFORE THE ITAT AND VARIOUS HIGH COURTS AS WELL AS APEX COURT ARE REVISED WITH AN OBJECT OF THE REDUCING THE TAX LITIGATION. VIDE PARA 3 OF THE SAID 2 CIRCULAR (SUPRA), IT IS STATED THAT IN CASES WHERE THE TAX EFFECT IN THE APPEALS TO BE FILED BEFORE THE APPELLATE TRIBUNAL DOES NOT EXCEED RS.20 LAKH, THE APPEALS SHOULD NOT BE FILED. THUS, TAKING A NOTE OF CBDT CIRCULAR NO. 03/2018, DATED 11.07.2018 AND CONSIDERING THE FACT THAT THE TAX EFFECT IN THE INSTANT APPEAL IS LESS THAN RS.20 LAKH, 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 APPRO PRIATE PROCEEDINGS, IF 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 THE ABOVE SAID CBDT CIRCULAR, THE REVENUE IS AT LIBERTY TO MOVE AN APPLICATION FOR RECALLING THE ORDER, IF S O ADVISED. 3. ACCORDINGLY, IN THE LIGHT OF CBDT CIRCULAR NO. 03/2018 DATED 11.07.2018 THE APPEAL STANDS DISMISSED. PRONOUNCED IN THE OPEN COURT ON 29 TH AUGUST, 2018 . SD/ - S D/ - (P. MADHAVI DEVI) (INTURI RAMA RAO) JUDICIAL MEMBER ACCOUNTANT MEMBER HYDERABAD, DATED: 29 TH AUGUST, 2018 OKK COPY TO: - 1) INCOME TAX OFFICER, WARD - 15(2), 5 TH FLOOR, D - BLOCK, I.T. TOWERS, A.C. GUARDS, MASAB TANK, HYDERABAD. 2) M/S. FELCON BUILDERS, H.NO.1 - 1 - 53, ROAD NO.1, HABSIGUDA, HYDERABAD. 3) THE CIT(A) - 7 , HYDERABAD 4) THE PR. CIT - 7 , HYDERABAD 5) THE DR, ITAT, HYDERABAD 6) GUARD FILE