ITO, Ward-1, Guntakal, Guntakal V. S. Venkara Narayana (HUF), Gooty, Gooty

ITA 149/HYD/2016

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 6501 (ITAT-HYDERABAD)
• Duration Of Justice: 2 year(s) 5 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 20-07-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 19-07-2018
• Assessment Year: 2010-2011
• Appeal Filed On: 12-02-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: P V SUBBA RAJU
• Assessee Lawyers: P MURALI MOHAN RAO
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH A, HYDERABAD BEFORE SMT. P. MADHAVI DEVI, JUDICIAL MEMBER AND SHRI S. RIFAUR RAHMAN, ACCOUNTANT MEMBER SL.NO. ITA NO. AY APPELLANT RESPONDENT 1 149/H/16 2010-11 INCOME-TAX OFFICER, WARD 1, GUNTAKAL S. VENKATA NARAYANA (HUF), GOOTY, PAN AAWHS 3371 J 2 150/H/16 -DO- -DO- S. LAKSHMI NARAYANA (HUF), GOOTY PAN AAWHS 36546 L 3 151/H/16 -DO- -DO- S. ADI NARAYANA SETTY (HUF), GOOTY PAN-AAWHS 3369G 4 152/H/16 -DO- -DO- S. NAGARAJU (HUF), GOOTY PAN AAWHS 3654 J REVENUE BY : SHRI P.V. SUBBA RAJU ASSESSEE BY : SHRI P. MURALI MOHAN RAO DATE OF HEARING 16/07/2018 DATE OF PRONOUNCEMENT 20/07/2018 O R D E R PER BENCH: ALL THESE APPEALS FILED BY DIFFERENT ASSESSEES ARE DIRECTED AGAINST SEPARATE ORDERS, ALL DATED, 9 TH NOVEMBER, 2015 OF CIT(A), KURNOOL, FOR AY 2010-11. 2. IT IS STATED BEFORE US THAT THE TAX EFFECT IN TH ESE APPEALS ARE LESS THAN RS. 20 LAKHS AND THEREFORE THE CIRCULAR N O. 3/2018 DATED 11.07.2018 ISSUED BY THE CENTRAL BOARD OF DIRECT TA XES (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 T HE APPEALS BY THE REVENUE BEFORE THE ITAT AND VARIOUS HIGH COURTS AS WELL AS APEX COURT ARE REVISED WITH AN OBJECT OF THE REDUCING TH E TAX LITIGATION. 2 ITA NO. 149 TO 152/HYD/16 S. VENKATA NARAYANA (HUF) AND OTHERS VIDE PARA 3 OF THE SAID CIRCULAR (SUPRA) IS STATED THAT IN CASES WHERE THE TAX EFFECT IN THE APPEALS TO BE FILED BEFORE TH E APPELLATE TRIBUNAL DOES NOT EXCEED RS. 20 LAKHS APPEALS SHOULD NOT BE FILED. THUS TAKING A NOTE OF CBDT CIRCULAR NO. 03/2018, DATED 1 1.07.2018 AND CONSIDERING THE FACT THAT THE TAX EFFECT IN THE INS TANT APPEALS IS LESS THAN RS. 20 LAKHS, THE PRESENT APPEALS DESERVE TO B E DISMISSED AS NOT PRESSED / NOT MAINTAINABLE. HOWEVER, WE MAKE I T CLEAR THAT THE ISSUES RAISED IN THE INSTANT APPEALS IS LEFT OPEN T O 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 RE VENUE IS AT LIBERTY TO MOVE AN APPLICATION FOR RECALLING THE ORDER, IF SO, ADVISED. 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 20 TH JULY, 2018. SD/- SD/- (P. MADHAVI DEVI) (S. RIFAUR RAHM AN) JUDICIAL MEMBER A CCOUNTANT MEMBER HYDERABAD, DATED: 20 TH JULY, 2018 KV COPY TO:- 1) ITO, WARD 1, GUNTHABAVI STREET, GUNTAKAL 51 5 801. 2) SHRI S. VENKATA NARAYANA, 3) SHRI S. LAKSHMI NARAYANA, C/O D. NO. 2/166, F ORT, 4) SHRI S. ADI NARAYANA, GOOTY 51 5 401 5) S. NAGA RAJU 6) CIT(A), KURNOOL. 7) PR. CIT, KURNOOL. 8) THE DEPARTMENTAL REPRESENTATIVE, I.T.A.T., HYDE RABAD. 9) GUARD FILE S.NO DESCRIPTION DATE IN TLS 1. DRAFT DICTATED ON SR.P.S./P.S 2. DRAFT PLACED BE FORE AUTHO R SR.P.S/PS 3 ITA NO. 149 TO 152/HYD/16 S. VENKATA NARAYANA (HUF) AND OTHERS 3 DRAFT PROPOSED & PLACED BEFO RE T HE SECOND MEM BER JM/AM 4 DRAFT DISCUSSED/APPRO VE D B Y SECOND MEM BER JM/AM 5 APPRO VED DRAF T COM ES TO THE S R.P.S./PS SR.P.S./P.S 6. KEPT FO R PRONOUNCEM ENT ON SR. P.S./P.S . 7. FILE SENT TO THE BENCH CLERK SR.P.S./P.S 8 DATE ON W HICH FILE GOES TO TH E HEAD CLE RK 9 DATE OF DISPATCH OF ORD ER