Income Tax Officer, Ward-1, Nizamabad V. Mukramuddin Mohammed , Nizamabad

ITA 1527/Hyd/2018

• Counselvise Citation: [2018] 118 COUNSELVISE.COM (IT) 9854 (ITAT-HYDERABAD)
• Duration Of Justice: 4 month(s) 20 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 03-12-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 03-12-2018
• Assessment Year: 2015-2016
• Appeal Filed On: 13-07-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: NILANJAN DEY
• Keywords: Tax effect
• Section: 201; 20

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. 15 2 7 /HYD/2018 ASSESSMENT YEAR: 20 15 - 16 INCOME - TAX OFFICER, WARD 1, NIZAMABAD VS. MUKRAMUDDIN MOHAMMED, NIZAMABAD . PAN BLSPM 5342M (APPELLANT) (RESPONDENT) REVENUE BY : SHRI NILANJAN DEY ASSESSEE BY : NONE DATE OF HEARING : 03 - 1 2 - 201 8 DATE OF PRONOUNCEMENT : 03 - 1 2 - 201 8 O R D E R PER S. RIFAUR RAHMAN, A.M.: THIS APPEAL OF THE ASSESSEE IS DIRECTED AGAINST THE ORDER OF CIT(A) 5 , HYDERABAD, DATED 08 /0 5 /201 8 FOR AY 20 15 - 16 . 2. IT IS STATED BEFORE US THAT THE TAX EFFECT IN THIS APPEAL IS LESS THAN RS. 20 LAKHS AND THEREFORE THE CIRCULAR NO. 3/2018 DATED 11.07.2 018 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 S HOULD 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 IS LESS THAN RS. 20 LAKHS, THE PRESENT APPEAL DESERVES TO BE DISMISSED AS NOT PRESSED / NOT MAINTAINAB LE. HOWEVER, WE MAKE IT CLEAR THAT THE 2 ITA NO. 15 2 8 /HYD/201 8 VENKAT REDDY THUMMALA, NIZAMABAD 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 FALLS IN ANY OF THE EXCEPTIONS REFERRE D 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. 03/2018 DATED 11.07.2018 THE APPEAL STANDS DISMISSED. PRONOUNCED IN THE OPEN C OURT ON 3 RD DECEMBER , 2018. SD/ - SD/ - ( P. MADHAVI DEVI ) (S. RIFAUR RAHMAN) JUDICIAL MEMBER ACCOUNTANT MEMBER HYDERABAD, DATED: 3 RD DECEMBER , 2018. KV COPY TO: - 1 ) IT O , WARD 1 , AAYAKAR BHAVAN, SUBHASH NAGAR, NIZAMABAD - 503001 2) S HRI MUKRAMUDDIN MOHAMMED, H.NO. 1 - 1 - 56/1/1, SHASTRI NAGAR, ARMOOR, NIZAMABAD 503 224. 3) CIT(A) 5 , HYDERABAD. 4) PR. CIT 5 , HYD . 5 ) THE DEPARTMENTAL REPRESENTATIVE, I.T.A.T., HYDERABAD. 6 ) GUARD FILE