Asst. Commissioner of Income Tax, Circle-9(1). , Hyderabad V. A.Bharathi., Hyderabad.

ITA 1182/Hyd/2017

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 9457 (ITAT-HYDERABAD)
• Duration Of Justice: 3 year(s) 8 month(s) 5 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 15-03-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB-A
• Next Hearing Date: 09-02-2021
• Assessment Year: 2008-2009
• Appeal Filed On: 10-07-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: NIVEDITA BISWAS
• Assessee Lawyers: B SHANTHI KUMAR
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCHES A : HYDERABAD (THROUGH VIDEO CONFERENCE) BEFORE SHRI S.S.GODARA, JUDICIAL MEMBER AND SHRI LAXMI PRASAD SAHU, ACCOUNTANT MEMBER I.T.A. NO. 1182/HYD/2017 ASSESSMENT YEAR: 2008-09 ASST. COMMISSIONER OF INCOME TAX, CIRCLE-9(1), HYDERABAD VS SMT. A.BHARATHI, HYDERABAD [PAN: AHQPA5814M]] (APPELLANT) (RESPONDENT) FOR REVENUE : SMT.NIVEDITA BISWAS, DR FOR ASSESSEE : SHRI B.SHANTHI KUMAR, AR DATE OF HEARING : 23-02-2021 DATE OF PRONOUNCEMENT : 15-03-2021 O R D E R PER BENCH : THIS REVENUES APPEAL FOR AY.2008-09 IS DIRECTED AGA INST THE CIT(A)7, HYDERABADS ORDER DATED 27-01-2017 PAS SED IN APPEAL NO.126/CIT(A)-7/2014-15 IN PROCEEDINGS U/S.1 43(3) R.W.S.153A OF THE INCOME TAX ACT, 1961 [IN SHORT, THE ACT]. 2. AT THE TIME OF HEARING, IT HAS BEEN BROUGHT TO OUR NOTI CE THAT AS PER THE CBDT CIRCULAR NO.03 OF 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 WITH RETROSPE CTIVE EFFECT. ITA NO. 1182/HYD/2017 :- 2 -: 3. AFTER HEARING BOTH THE SIDES AND PERUSING THE RECOR DS AS PLACED BEFORE US, WE FOUND THAT THE APPEAL IS COVERED BY THE AFORESAID CIRCULAR AND IS, THEREFORE, NOT MAINTAINABLE . SINCE THE TAX EFFECT IN THIS APPEAL IS LESS THAN RS.50 LAKHS, WE ARE DISMISSING THE SAME ON ACCOUNT OF LOW TAX EFFECT. HOWE VER, THE REVENUE SHALL BE AT LIBERTY TO SEEK RECALL OF THE ORDE R, IF THIS CASE IS FOUND TO BE FALLING WITHIN THE EXCEPTIONS MENTI ONED IN THE CIRCULAR(S) CITED ABOVE. 4. THIS REVENUES APPEAL IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 15 TH MARCH, 2021 SD/- SD/- (LAXMI PRASAD SAHU) (S.S.GO DARA) ACCOUNTANT MEMBER JUDICIAL MEM BER HYDERABAD, DATED: 15-03-2021 TNMM ITA NO. 1182/HYD/2017 :- 3 -: COPY TO : 1.THE ASST.COMMISSIONER OF INCOME TAX, CIRCLE-9(1), HYDERABAD. 2.SMT. A.BHARATHI, FLAT NO.409, HIMASAI POOJITHA APARTMENTS, A-BLOCK, BEHIND WHITE HOUSE, KOTHA PET, HYDERABAD. 3.CIT(APPEALS)-7, HYDERABAD. 4.PR.CIT-7, HYDERABAD. 5.D.R. ITAT, HYDERABAD. 6.GUARD FILE.