DCIT, Central Circle-2(2), Hyderabad, Hyderabad V. Vimala Feeds P. Ltd., Hyderabad, Hyderabad

ITA 1637/HYD/2016

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 3407 (ITAT-HYDERABAD)
• Duration Of Justice: 3 year(s) 11 month(s) 8 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 13-11-2020
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB-B
• Assessment Year: 2014-2015
• Appeal Filed On: 05-12-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: KIRAN KATTA
• Keywords: Tax effect
• Section: 13

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCHES B : HYDERABAD (THROUGH VIDEO CONFERENCE) BEFORE SMT. P.MADHAVI DEVI, JUDICIAL MEMBER AND SHRI D.S.SUNDER SINGH, ACCOUNTANT MEMBER I.T.A. NO. 1637/HYD/2016 ASSESSMENT YEAR: 2014-15 DY. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2(2), HYDERABAD VS M/S. VIMALA FEEDS PRIVATE LIMITED, HYDERABAD [PAN: AABCV1345B] (APPELLANT) (RESPONDENT) FOR REVENUE : SHRI KIRAN KATTA, DR FOR ASSESSEE : SHRI K.C.DEVDAS, AR DATE OF HEARING : 12-11-2020 DATE OF PRONOUNCEMENT : 13-11-2020 O R D E R PER SMT. P. MADHAVI DEVI, J.M. : THIS APPEAL FILED BY THE REVENUE IS DIRECTED AGAINST THE ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS)12 , HYDERABAD, DATED 10-08-2016 FOR THE AY.2014-15. 2. THE CASE IS TAKEN UP FOR HEARING ON 12-11-2020 THR OUGH VIDEO CONFERENCING AND BOTH THE PARTIES WERE HEARD. 3. AT THE TIME OF HEARING, IT HAS BEEN BROUGHT TO OUR NOTI CE THAT AS PER THE CBDT CIRCULAR NO.03/2018 DATED 11-07-2 018 AND CIRCULAR NO.17 OF 2019 DATED 8 TH AUGUST, 2019, THE TAX ITA NO. 1637/HYD/2016 :- 2 -: LIMIT FOR FILING OF APPEAL BY THE REVENUE BEFORE THE T RIBUNAL HAS BEEN FIXED AT RS.50 LAKHS. 4. AFTER HEARING BOTH THE SIDES AND PERUSING THE RECOR DS AS PLACED BEFORE US, WE FOUND THAT THIS APPEAL IS COVERED BY THE AFORESAID CIRCULAR AND IS, THEREFORE, NOT MAINTAINABLE . SINCE THE TAX EFFECT IN THIS APPEAL IS LESS THAN RS.50 LAKHS, WE ARE DISMISSING THE SAME ON ACCOUNT OF LOW TAX EFFECT AS APP ARENTLY THE CASE IS NOT COVERED BY ANY OF THE EXCEPTIONS IN THE CIRCULAR. HOWEVER, THE REVENUE IS AT LIBERTY TO SEEK R ECALL OF THE ORDER, IF THIS CASE IS FOUND TO BE FALLING WITHIN TH E EXCEPTIONS MENTIONED IN THE CIRCULAR CITED ABOVE. 5. IN THE RESULT, THE APPEAL FILED BY REVENUE IS DISMI SSED. ORDER PRONOUNCED IN THE OPEN COURT ON 13 TH NOVEMBER,2020 SD/- SD/- (D.S.SUNDER SINGH) (P. MADHAVI DEVI) ACCOUNTANT MEMBER JUDICIAL MEMBE R HYDERABAD, DATED: 13-11-2020 TNMM ITA NO. 1637/HYD/2016 :- 3 -: COPY TO : 1. DY.COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2( 2), HYDERABAD. 2. M/S.VIMALA FEEDS PRIVATE LIMITED, H.NO.301, PAVA NI ESTATES, LIBERTY X ROAD, HIMAYATH NAGAR, HYDERA BAD. 3. CIT(APPEALS)-12, HYDERABAD. 4. THE PR.CIT(CENTRAL), HYDERABAD. 5. D.R. ITAT, HYDERABAD. 6. GUARD FILE.