Income Tax Officer, Ward-14(4), Hyderabad V. Satheesh Kumar Reddy Kasireddy, Hyderabad

ITA 1625/Hyd/2017

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 0628 (ITAT-HYDERABAD)
• Duration Of Justice: 11 month(s) 21 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 12-09-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2014-2015
• Appeal Filed On: 21-09-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: P V SUBBA RAJU
• Assessee Lawyers: S RAMA RAO
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCHES B, HYDERABAD BEFORE SMT. P. MADHAVI DEVI, JUDICIAL MEMBER AND SHRI S. RIFAUR RAHMAN, ACCOUNTANT MEMBER I.T.A. NO. 1625/HYD/2017 ASSESSMENT YEAR: 2014-15 INCOME TAX OFFICER, WARD-14(4), HYDERABAD VS SRI KASIREDDY SATHEESH KUMAR REDDY, HYDERABAD [PAN: AGRPK8918Q] (APPELLANT) (RESPONDENT) FOR REVENUE : SHRI P.V. SUBBARAJU, DR FOR ASSESSEE : SHRI S. RAMA RAO, AR DATE OF HEARING : 07-09-2018 DATE OF PRONOUNCEMENT : 12-09-2018 O R D E R PER S. RIFAUR RAHMAN, A.M. : THIS APPEAL FILED BY THE REVENUE IS DIRECTED AGAINST THE ORDER DATED 20-06-2017 OF THE COMMISSIONER OF INCOME TAX (APPEALS)6, HYDERABAD, FOR THE AY. 2014-15. 2. IT IS STATED BEFORE US THAT THE TAX EFFECT IN THIS APP EAL IS LESS THAN RS. 20 LAKHS AND THEREFORE THE CIRCULAR NO. 03/2018 DATED 11-07-2018 ISSUED BY THE CENTRAL BOARD OF DIREC T TAXES (CBDT) IN EXERCISE OF ITS POWER VESTED UNDER SEC. 26 8A(1) OF THE I.T. ACT COMES INTO PLAY, WHEREIN, THE MONETARY LIM IT FOR ITA NO. 1625/HYD/2017 :- 2 - : 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 DOE S NOT EXCEED RS. 20 LAKHS APPEALS SHOULD NOT BE FILED. TH US TAKING A NOTE OF CBDT CIRCULAR NO. 03/2018, DATED 11-07-2018 A ND CONSIDERING THE FACT THAT THE TAX EFFECT IN THE INSTANT APPE AL IS LESS THAN RS. 20 LAKHS, THE PRESENT APPEAL DESERVES 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, I F ARISES, IN FUTURE. AT THE SAME TIME WE ALSO MAKE IT CLEAR THAT I F THE APPEAL FALLS IN ANY OF THE EXCEPTIONS REFERRED TO IN T HE 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. ORDER PRONOUNCED IN THE OPEN COURT ON 12 TH SEPTEMBER, 2018 SD/- SD/- (P. MADHAVI DEVI) (S. RIFAUR RAHMAN ) JUDICIAL MEMBER ACCOUNTANT ME MBER HYDERABAD, DATED 12 TH SEPTEMBER, 2018 TNMM ITA NO. 1625/HYD/2017 :- 3 - : COPY TO : 1. THE INCOME TAX OFFICER, WARD-14(4), HYDERABAD. 2. SRI KASIREDDY SATHEESH KUMAR REDDY, PLOT NO. 81, PHASE-III, KAMALAPURI COLONY, SRINAGAR COLONY, HYDERABAD. 3. CIT(APPEALS)-6, HYDERABAD. 4. CIT-CIB, HYDERABAD. 5. D.R. ITAT, HYDERABAD. 6. GUARD FILE.