Dy.CIT, Circle-16(1), Hyderabad V. M/s Leo Meridian Infrastructure Projects & Hotels Limited, Hyderabad

ITA 1221/Hyd/2014

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 4668 (ITAT-HYDERABAD)
• Duration Of Justice: 7 year(s) 2 month(s) 28 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 17-09-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB-A
• Next Hearing Date: 16-09-2021
• Assessment Year: 2005-2006
• Appeal Filed On: 20-06-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: E SRIDHAR
• Keywords: Tax effect
• Section: 143(3); 147

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCHES A, HYDERABAD BEFORE SHRI A. MOHAN ALANKAMONY, ACCOUNTANT MEMBER AND SHRI S.S. GODARA, JUDICIAL MEMBER I.T.A. NO. 1221/HYD/2014 ASSESSMENT YEAR: 2005 - 06 DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE - 16(1), HYDERABAD VS M/S. LEO MERIDIAN INFRASTRUCTURE PROJECT & HOTELS LTD, HYDERABAD. PAN: AAACL 6436 A (APPELLANT) (RESPONDENT) FOR REVENUE : SRI E. SRIDHAR, DR FOR ASSESSEE : NONE DATE OF HEARING : 16 /0 9 /2021 DATE OF PRONOUNCEMENT : 17 /0 9 /2021 O R D E R PER A. MOHAN ALANKAMONY, A.M. : THIS APPEAL FILED BY THE REVENUE AGAINST THE ORDER OF THE LD. CIT (A) - V , HYDERABAD IN APPEAL NO. 246/ACIT 16(1)/CIT (A) - V/2013 - 14, DATED 27/ 0 1/201 4 PASSED U/S. 143(3) R.W.S 147 AND U/S. 250(6) OF THE ACT FOR THE AY: 200 5 - 0 6 . 2. AT THE TIME OF HEARING, IT HAS BEEN BROUGHT TO OUR NOTICE THAT THE APPEAL FILED BY THE REVENUE IS BELOW THE MONETARY LIMIT OF RS. 50 LAKHS FIXED AS PER THE CBDT CIRCULARS NO. 03/2018 DATED 11 - 07 - 2018 AND CIRCULAR NO.17 OF 2019 DATED 8 TH AUGUST, 2019 . 2 3. AFTER HEARING LD. DR AND PERUSING THE RECORDS PLACED BEFORE US, WE FIND THAT THIS APPEAL IS COVERED BY THE AFORESAID CIRCULAR AND THEREFORE, NOT MAINTAINABLE, SINCE THE TAX EFFECT IN THIS APPEAL IS LESS THAN RS.50 LAKHS AND APPARENTLY THE CASE IS NOT COVERED BY ANY OF THE EXCEPTIONS IN THE CIRCULAR. WE THEREFORE DISMISS THIS APPEAL ON ACCOUNT OF LOW TAX EFFECT. HOWEVER, THE REVENUE IS AT LIBERTY TO SEEK RECALL OF THE ORDER, IF THE CASE IS FOUND TO BE FALLING WITHIN THE EXCEPTIONS MENTIONED IN THE CIRCULARS CITED ABOVE. 4. IN THE RESULT, THE APPEAL FILED BY REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON THE 17 TH SEPTEMBER , 2021 SD/ - SD/ - ( S.S. GODARA ) ( A. MOHAN ALANKAMONY ) JUDICIAL MEMBER ACCOUNTANT MEMBER HYDERABAD, DATED 17 TH SEPTEMBER, 2021 OKK COPY TO : 1. THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE - 16(1), ROOM NO.3, 7 TH FLOOR, AAYAKAR BHAVAN, BASHEERBAGH, HYDERABAD. 2. M /S. LEO MERIDIAN INFRASTRUCTURE PROJECTS & HOTELS LTD . , 6 - 3 - 349, NO.22, MILLENIUM SQUARE RD NO.1, BANJARA HILLS , HYDERABA. 3 3. CIT (APPEALS) - V , HYDERABAD. 4. PR. CIT - V , HYDERABAD. / CIT - IV, HYDERABAD. 5. D.R. ITAT, HYDERABAD. 6. GUARD FILE.