Dy. Commissioner of Income Tax, Central Circle-1(3)., Hyderabad V. B.Narsimha Reddy, Kurnool

ITA 1355/Hyd/2017

• Counselvise Citation: [2019] 118 COUNSELVISE.COM (IT) 5684 (ITAT-HYDERABAD)
• Duration Of Justice: 1 year(s) 5 month(s) 27 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 30-01-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB-B
• Next Hearing Date: 30-01-2019
• Assessment Year: 2008-2009
• Appeal Filed On: 03-08-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: N SWAPNA
• Keywords: Tax effect
• Section: 2

Judgement Text

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 S . 1 355, 1356, 1357 & 1358 /HYD/201 7 ASSESSMENT YEAR S : 2008 - 09, 2009 - 10, 20 10 - 11 & 2011 - 12 DY. COMMISSIONER OF INCOME - TAX OFFICER, CENTRAL CIRCLE 1(3), HYDERABAD. VS. B. NARASIMHA REDDY, KURNOOL. (APPELLANT) (RESPONDENT) REVENUE BY : S MT. N. SWAPNA ASSESSEE BY : NONE DATE OF HEARING : 3 0 - 0 1 - 201 9 DATE OF PRONOUNCEMENT : 3 0 - 0 1 - 201 9 O R D E R PER BENCH : ALL T H E S E APPEAL S OF THE REVENUE ARE DIRECTED AGAINST A COMMON ORDER OF CIT(A) 11 , HYDERABAD, DATED 31 /0 3 /201 7 FOR AY S 2008 - 09 TO 2011 - 12. 2. IT IS STATED BEFORE US THAT THE TAX EFFECT IN TH E S E APPEAL S ARE 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 TAX EFFECT IN THE INSTANT APPEAL S ARE LESS THAN RS. 20 LAKHS , THE PRESENT APPEAL S DESERVE TO BE DISMISSED AS 2 ITA NO S . 1355 TO 1358 /HYD/201 7 B. NARASIMHA REDDY, KURNOOL. NOT PRESSED / NOT MAINTAINABLE. FURTHER, IT IS BROUGHT TO OUR NOTICE THAT O FFICE OF THE PCIT (CENTRAL) HAS FORWARDED A LETTER DATED 23/01/2019 TO WITHDRAW THESE SPECIFIC APPEALS. THE TAX EFF ECT IN THESE APP EALS ARE LESS THAN RS. 20 LAKHS IN EACH INDIVIDUAL CASE AND THE SAME WAS CONFIRMED BY THE LD. DR BEFORE US. THEREFORE, THESE APPEALS ARE DISMISSED AS WITHDRAWN. 3. ACCORDINGLY, IN THE LIGHT OF CBDT CIRCULAR NO. 03/2018 DATED 11.07.2018 , THE APPEAL S STAND DISMISSED. PRONOUNCED IN THE OPEN COURT ON 30 TH JANUARY , 201 9 . SD/ - SD / - ( P. MADHAVI DEVI ) (S. RIFAUR RAHMAN) JUDICIAL MEMBER ACCOUNTANT MEMBER HYDERABAD, DATED: 30 TH JANUARY , 201 9 . KV COPY TO: - 1 ) DC IT, CENTRAL CIRCLE 1(3), 7 TH FLOOR, AAYAKAR BHAVAN, BASHEERBAGH, HYDERABAD. 2) SHRI B. NARSIMHA REDDY, D.NO. 1 - 40, YADAWADA, ALLAGADDA, KURNOOL DISTRICT, AP. 3) CIT(A) 11, HYDERABAD. 4) PR. CIT (CENTRAL) , HYD . 5 ) THE DEPARTMENTAL REPRESENTATIVE, I.T.A.T., HYDERABAD. 6 ) GUARD FILE