Income Tax Officer, Ward-15(3), Hyderabad V. G. Padma, Secunderabad

ITA 1214/Hyd/2017

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 1950 (ITAT-HYDERABAD)
• Duration Of Justice: 1 year(s) 1 month(s) 17 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 31-08-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: SMC
• Next Hearing Date: 30-08-2018
• Assessment Year: 2008-2009
• Appeal Filed On: 13-07-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: NIRANJAN DEY
• Assessee Lawyers: MRUDHULATHA
• Keywords: Tax effect

Judgement Text

I TA NO 1214 OF 2017 G PADMA SECUNDERABAD. PAGE 1 OF 2 IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD B BENCH, HYDERABAD BEFORE SMT. P. MADHAVI DEVI, JUDICIAL MEMBER AND SHRI INTURI RAMA RAO, ACCOUNTANT MEMBER ITA NO.1214/HYD/2017 (ASSESSMENT YEAR: 2008-09) INCOME TAX OFFICER WARD 15(3) HYDERABAD VS SMT. G. PADMA SECUNDERABAD PAN:AMGPG8623F (APPELLANT) (RESPONDENT) FOR REVENUE : SHRI NIRANJAN DEY, DR FOR ASSESSEE : SMT. MRUDHULATHA O R D E R PER SMT. P. MADHAVI DEVI, J.M. THIS APPEAL FILED BY THE REVENUE IS DIRECTED AGAINS T THE ORDER OF THE CIT (A)-7, HYDERABAD, DATED 8 TH FEBRUARY, 2017 FOR THE A.Y 2008-09. 2. IT IS STATED BEFORE US THAT THE TAX EFFECT IN TH IS APPEAL IS LESS THAN RS.20 LAKHS AND THEREFORE THE C IRCULAR 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. ACT COMES INTO PLAY, WHEREIN, THE MONET ARY LIMIT FOR FILING THE APPEALS BY THE REVENUE BEFORE THE ITAT A ND VARIOUS HIGH COURTS AS WELL AS APEX COURT ARE REVISED WITH AN OBJECT OF REDUCING THE TAX LITIGATION. VIDE PARA 3 OF THE SA ID CIRCULAR (SUPRA)IT IS STATED THAT IN CASES WHERE THE TAX EF FECT IN THE DATE OF HEARING: 30.08.2018 DATE OF PRONOUNCEMENT: 31 . 0 8 .2018 I TA NO 1214 OF 2017 G PADMA SECUNDERABAD. PAGE 2 OF 2 APPEALS TO BE FILED BEFORE THE APPELLATE TRIBUNAL D OES 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 INS TANT APPEAL 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 APPE AL IS LEFT OPEN TO BE EXAMINED IN THE APPROPRIATE PROCEEDINGS, IF A RISES, IN FUTURE. AT THE SAME TIME WE ALSO MAKE IT CLEAR THA T IF THE APPEAL FALLS IN ANY OF THE EXCEPTIONS REFERRED TO I N THE ABOVE SAID CBDT CIRCULAR, THE REVENUE IS AT LIBERTY TO MO VE 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 DISMISSE D. ORDER PRONOUNCED IN THE OPEN COURT ON 31 ST AUGUST, 2018. SD/- SD/- (INTURI RAMA RAO) ACCOUNTANT MEMBER (P. MADHAVI DEVI) JUDICIAL MEMBER HYDERABAD, DATED 31 ST AUGUST, 2018. VINODAN/SPS COPY TO: 1 ITO WARD 15(3) ROOM NO.546, 5 TH FLOOR, D BLOCK, IT TOWERS, AC GUARDS, MASAB TANK, HYDERABAD 2 SMT. G.PADMA, H.NO.1-4-200/90/A ESHWARPURI COLONY , SAINIKPURI, SECUNDERABAD 3 CIT (A)-7, HYDERABAD 4 PR. CIT 7, HYDERABAD 5 THE DR, ITAT HYDERABAD 6 GUARD FILE BY ORDER