Income Tax Officer, Ward-15(3), Hyderabad V. K. Kameswar Rao, Hyderabad

ITA 1216/Hyd/2017

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 6567 (ITAT-HYDERABAD)
• Duration Of Justice: 1 year(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 13-07-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 13-07-2018
• Assessment Year: 2008-2009
• Appeal Filed On: 13-07-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: N SWAPNA
• Assessee Lawyers: K C DEVDAS SHRI A C GANGAIAH
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH B, HYDERABAD BEFORE SHRI INTURI RAMA RAO, ACCOUNTANT MEMBER AND SHRI DUVVURU R.L. REDDY, JUDICIAL MEMBER ITA NOS. A.Y APPELLANT RESPONDENT 1212/HYD/2017 2008-09 ITO, WARD-15(4), HYDERABAD. C. SWARNA GOURI, HYDERABAD. PAN AISPC8930D 1216/HYD/2017 2008-09 ITO, WARD -15(3), HYDERABAD. K. KAMESWAR RAO, HDYERABAD. PAN ATUPK1877C 1252/HYD/2017 2008-09 ITO, WARD 15(3), HYDERABAD. G. RAVI KUMAR REDDY, SECUNDERABAD. PAN AIOPG2241F 1253/HYD/2017 2008-09 ITO, WARD-15(3), HYDERABAD. G. THIRUPATHI RAO, SECUNDERABAD. PAN AIGPR9592P 426/HYD/2018 2011-12 ITO, WARD-1, KURNOOL KORRPATI SATYANARAYANA, KURNOOL. PAN AKNPK6861A C.O. NOS. A.Y CROSS-OBJECTOR RESPONDENT C.O NO. 24/HYD/2018 (IN ITA NO. 426/HYD/2018) 2011-12 ITO, WARD-1, KURNOOL KORRPATI SATYANARAYANA, KURNOOL. PAN AKNPK6861A REVENUE BY : SMT. N. SWAPNA ASSESSEE BY : SHRI K.C. DEVDAS SHRI. A.C GANGAIAH DATE OF HEARING 13/07/2018 DATE OF PRONOUNCEMENT 13/07/2018 O R D E R PER BENCH: THE INSTANT APPEALS ARE DIRECTED AGAINST THE DIFFERENT ORDERS OF LD. CIT(A). IT IS STATED BEFORE US THAT THE TAX EFFECT IN THE ALL THE CASES IS LESS THAN RS. 20 LAKHS 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 IT ACT 2 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 CIRCULAR (SUPRA) IS STATED THAT IN CASES WHERE THE TAX EFFECT IN THE APPEALS TO BE FILED BEFORE THE APPELLATE TRIBUNAL DOES NOT EXCEED RS. 20 LAKHS 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 APPEALS IS LESS THAN RS. 20 LAKHS, THE PRESENT APPEALS DESERVE TO BE DISMISSED AS NOT PRESSED / NOT MAINTAINABLE. HOWEVER, WE MAKE IT CLEAR THAT THE ISSUES RAISED IN THE INSTANT APPEALS ARE LEFT OPEN TO BE EXAMINED IN THE APPROPRIATE PROCEEDINGS, IF ARISES, IN FUTURE. AT THE SAME TIME WE ALSO MAKE IT CLEAR THAT IF THE APPEALS FALL 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 SO ADVISED. 2. THE CROSS OBJECTION FILED BY THE ASSESSE FOR THE AY 2011-2012 IS DISMISSED AS INFRUCTUOUS AS THE APPEAL FILED BY THE REVENUE IS DISMISSED ON ACCOUNT OF LOW TAX EFFECT IN TERMS OF THE CBDT CIRCULAR NO. 03/2018, DATED 11.07.2018. HENCE, THE CROSS OBJECTION IS DISMISSED. 3. ACCORDINGLY IN THE LIGHT OF CBDT CIRCULAR NO. 03/2018 DATED 11.07.2018 THE APPEALS STAND DISMISSED. PRONOUNCED IN THE OPEN COURT ON 13 TH JULY, 2018. SD/- SD/- (DUVVURU R.L REDDY) (INTURI RAMA RAO) JUDICIAL MEMBER ACCOUNTANT MEMBER HYDERABAD, DATED: 13 TH JULY, 2018 3 KRK COPY TO:- 1) SMT. C. SWARNA GOURI, H.NO. 1-19/101/26, PHASE II, OPP: DR,A.S. RAO NAGAR, KAPRA, HYDERABAD. 2) SRI G. THIRUPATHI RAO, H.NO. 1-3-7, OLD ALWAL, SECUNDERABAD. 3) DR. K. KAMESWAR RAO, H. NO. 1-4-158/72, SAIPURI COLONY, SAINIKPURI, HYDERABAD. 4) SHRI G. RAVI KUMAR REDDY, H.NO. 12-1-1325/16/3, LAXMI NAGAR, NORTH LALAGUDA, SECUNDERABAD. 5) SRI KORRAPATI SATYANARAYANA, D.NO. 43-253-B-3, NR PETA, KURNOOL. 6) ITO, WARD-1, KURNOOL. 7) ITO, WARD-15(4), HYDERABAD. 8) ITO, WARD-15(3), HYDERABAD. 9) CIT(A)-7, HYDERABAD. 10) CIT(A), KURNOOL. 11) PR. CIT-7, HYDERABAD. 12) PR. CIT, KURNOOL. 13) THE DEPARTMENTAL REPRESENTATIVE, I.T.A.T., HYDERABAD. 14) GUARD FILE