Income Tax Officer, Ward-2(4), Hyderabad V. M/s Tourist India Convention & Hotel Pvt. Ltd., Hyderabad

ITA 1319/Hyd/2017

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 4628 (ITAT-HYDERABAD)
• Duration Of Justice: 1 year(s) 5 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 03-08-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 01-08-2018
• Assessment Year: 2008-2009
• Appeal Filed On: 28-07-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: M SITHARAM
• Assessee Lawyers: AJAY GANDHI
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH B , HYDERABAD BEFORE SMT. P. MADHAVI DEVI, JUDICIAL MEMBER AND SHRI S. RIFAUR RAHMAN, ACCOUNTANT MEMBER ITA NO. 1 319 /HYD/201 7 ASSESSMENT YEAR: 20 08 - 09 INCOME - TAX OFFICER, WARD 2 ( 4 ), HYDERABAD. VS. TOURIST INDIA CONVENTION & HOTEL PVT. LTD., HYDERABAD. PAN AACT 6140 P ( APPELLANT ) (RESPONDENT) REVENUE BY : SHRI M. SITHARAM ASSESSEE BY : SHRI AJAY GANDHI DATE OF HEARING 01 / 0 8 /2018 DATE OF PRONOUNCEMENT 03 / 0 8 / 201 8 O R D E R PER S . RIFAUR RAHMAN , A .M. : T H IS APPEAL FILED BY THE REVENUE IS DIRECTED AGAINST THE ORDER DATED 11 / 0 5 / 201 7 OF CIT(A) 1 , GUNTUR FOR AY 20 08 - 09 . 2. IT IS STATED BEFORE US THAT THE TAX EFFECT IN TH IS APPEAL 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 I . T . ACT 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 T AX EFFECT IN THE INSTANT APPEAL IS LESS 2 ITA NO. 1319 /HYD/1 7 TOURIST INDIA CONVENTION & HOTEL PVT. LTD., HYD. THAN RS. 20 LAKH S, THE PRESENT APPEAL DESERVE S TO BE DISMISSED AS NOT PRESSED / NOT MAINTAINABLE. HOWEVER, WE MAKE IT CLEAR THAT THE ISSUES RAISED IN THE INSTANT APPEAL IS 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 APPEAL FALL S 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. 3. ACCORDINGLY IN THE LIGHT OF CBDT CIRCULAR NO. 0 3/2018 DATED 11.07.2018 THE APPEAL STAND S DISMISSED. PRONOUNCED IN THE OPEN COURT ON 3 RD AUGUST , 2018 . SD/ - SD/ - ( P. MADHAVI DEVI ) (S . RIFAUR RAHMAN ) JUDICIAL MEMBER ACCOUNTANT MEMBER HYDERABAD, DATED: 3 RD AUGUST , 2018 KV C OPY TO: - 1) I T O, ROOM NO. 509, 5 TH FLOOR, SIGNATURE TOWERS, OPP BOTANICAL KONDAPUR, HYDERABAD . 2) M/S TOURIST INDIA CONVENTION & HOTEL PVT. LTD., D.NO. 3 - 4 - 1081, KACHIGUDA RAILWAY STATION ROAD, HYD. 3) CIT(A) 1 , GUNTUR 4) PR. CIT (CENTRAL) , HYD. 5 ) THE DEPARTMENTAL REPRESENTATIVE, I.T.A.T., HYDERABAD. 6 ) GUARD FILE