Asst. Commissioner of Income Tax, Cent. Circle-3(2)., Hyderabad V. GVK Gautami Power Limited., Hyderabad.

ITA 1244/Hyd/2017

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 4355 (ITAT-HYDERABAD)
• Duration Of Justice: 3 year(s) 10 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-05-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB-B
• Next Hearing Date: 20-04-2021
• Assessment Year: 2010-2011
• Appeal Filed On: 17-07-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: V SIVA KUMAR
• Keywords: Tax effect
• Section: 143(3); 263

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCHES B : HYDERABAD (THROUGH VIRTUAL CONFERENCE) BEFORE SHRI SATBEER SINGH GODARA, JUDICIAL MEMBER AND LAXMI PRASAD SAHU, ACCOUNTANT MEMBER ITA NO. 12 44 /H/20 1 7 A SSESSMENT Y EAR : 20 10 - 11 ASST. COMMISSIONER OF INCOME - TAX, CENTRAL CIRCLE 3(2) , HYDERABAD. VS. GVK GAUTAMI POWER LTD., HYDERABAD. PAN AAA CG 7612D (APPELLANT) (RESPONDENT) REVENUE BY: S HRI ROHIT MUJUMDAR ASSESSEE BY: S HRI V. SIVA KUMAR DATE OF HEARING: 2 7 /0 5 /2021 DATE OF PRONOUNCEMENT: 28 / 0 5 /2021 O R D E R PER L.P. SAHU, AM : THIS APPEAL FILED BY THE REVENUE FOR AY 2010 - 11 IS DIRECTED AGAINST CIT(A) - 11 , HYDERABAD S ORDER DATED 2 8 /0 2 /2017 INVOLVING PROCEEDINGS U/S 143(3) RWS 263 OF THE INCOME TAX ACT, 1961 ; IN SHORT THE ACT. ITA NO. 1244 /H YD/ 20 1 7 GVK GAUTAMI POWER LTD., SECBAD. : - 2 - : 2. AT THE TIME OF HEARING IT HAS BEEN BROUGHT TO OUR NOTICE THAT AS PER THE CBDT CIRCULARS NO.03/2018 DATED 11.07.2018 AND CIRCULAR NO.17 OF 2019 DATED 9 TH AUGUST, 2019, THE TAX LIMIT FOR FILING OF APPEAL BY THE REVENUE BEFORE THE TRIBUNAL HAS BEEN FIXED AT R S.50.00 LAKHS. SINCE THE TAX EFFECT IN THIS APPEAL IS LESS THAN RS.50.00 LAKHS, WE ARE DISMISSING THE SAME ON ACCOUNT OF LOW TAX EFFECT WITH THE LIBERTY TO THE REVENUE TO SEEK RECALL OF THE ORDER, IF ANY OF THESE CASES FALLS WITHIN THE EXCEPTIONS MENTIONED IN THE CIRCULARS CITED ABOVE. 3 . IN THE RESULT, REVENUE S APPEAL IS DISMISSED IN ABOVE TERMS. PRONOUNCED IN THE OPEN COURT ON 28 TH MAY , 2021 . SD/ - SD/ - (S . S . GODARA) (L . P . SAHU) JUDICIAL MEMBER ACCOUNTANT MEMBER HYDE RABAD, DATED : 28 TH MAY , 20 2 1 . KV ITA NO. 1244 /H YD/ 20 1 7 GVK GAUTAMI POWER LTD., SECBAD. : - 3 - : C OPY TO : 1 ACIT, CENTRAL CIRCLE 3 ( 2 ), 7 TH FLOOR, AAYAKAR BHAVAN, BASHEERBAGH, HYD ERABAD 500 004. 2 M/S GVK GAUTAMI POWER LTD., 156 - 159, PAIGAH HOUSE, SP ROAD, HYDERABAD. 3 CIT(A) 11 , HYDERABAD 4 PR. CIT (CENTRAL) , HYDERABAD. 5 ITAT, DR, HYDERABAD 6 GUARD FILE.