ITO(TDS) Ward-7(2), Hyderabad V. Sangita Travel Agency , Hyderabad

ITA 17/Hyd/2020

• Counselvise Citation: [2020] 111 COUNSELVISE.COM (IT) 0572 (ITAT-HYDERABAD)
• Duration Of Justice: 5 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 18-06-2020
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB-A
• Assessment Year: 2016-2017
• Appeal Filed On: 03-01-2020
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: K.J. DIVYA
• Assessee Lawyers: RAJENDRA PRASAD; S P. ROSI REDDY
• Keywords: Tax effect
• Section: 20

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH A, HYDERABAD BEFORE SHRI P. MADHAVI DEVI, JUDICIAL MEMBER AND SHRI A. MOHAN ALANKAMONY, ACCOUNTANT MEMBER (THROUGH VIDEO CONFERENCE) ITA NO. 17/HYD/2020 & CO NO. 04/HYD/2020 ASSESSMENT YEAR: 2016 - 17 INCOME TAX OFFICER, WARD 7(2), HYDERABAD. VS. SANGITA TRAVEL AGENCY, HYDERABAD. PAN AACFM 8713 A (APPLICANT) (RESPONDENT /CROSS OBJECTOR ) REVENUE BY : SMT. K.J. DIVYA ASSESSEE BY : S/SHRI P. ROSI REDDY & RAJENDRA PRASAD DATE OF HEARING : 18 - 0 6 - 20 20 DATE OF PRONOUNCEMENT : 18 - 0 6 - 20 20 ORDER PER P. MADHAVI DEVI, J.M .: THIS APPEAL IS FILED BY THE REVENUE DIRECTED AGAINST THE ORDER OF CIT(A) 3 , HYDERABAD, DATED 18 /1 0 /201 9 . THE ASSESSEE IS ALSO FILED CO AGAINST THE SAID ORDER OF THE CIT(A). 2. THESE CASES WERE TAKEN UP FOR HEARING ON 18 - 06 - 2020 THROUGH VIDEO CONFERENCI NG AND BOTH THE PARTIES WERE HEARD. 3 . AT THE TIME OF HEARING IT HAS BEEN BROUGHT TO OUR NOTICE AS PER THE CBDT CIRCULARS NO.03/2018 DATED 11.07.2018 AND CIRCULAR NO.17 2 ITA.NO. 17 /HYD/20 20 & CO NO. 4/HYD/2020 SANGITA TRAVEL AGENCY , HYDERABAD. OF 2019 DATED 9 TH AUGUST, 2019, THE TAX LIMIT FOR FILING OF APPEAL BY THE REVENUE BEFORE THE TRIBUNAL HAS BEEN FIXED AT RS.50. 00 LAKHS. 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 APPARENTLY THE CASE IS NOT COVERED BY ANY OF THE EXCEPTIONS IN THE CIRCULAR. HOWEVER, THE REVENUE IS AT LIBERTY TO SEEK RECAL L OF THE ORDER, IF THIS CASE IS FOUND TO BE FALLING WITHIN THE EXCEPTIONS MENTIONED IN THE CIRCULARS CITED ABOVE. 4. AS THE APPEAL OF REVENUE IS DISMISSED ON ACCOUNT OF TAX EFFECT, THE CO FILED BY THE ASSESSEE BECOMES INFRUCTUOUS AND, THEREFORE, THE SAME IS DISMISSED AS INFRUCTUOUS AND ALSO THE CROSS OBJECTIONS RAISED IN THE CO ARE SUPPORTING THE ORDER OF CIT(A). 5 . IN THE RESULT, APPEAL FILED BY THE REVENUE AS WELL AS CO FILED BY THE ASSESSEE ARE DISMISSED. PRONOUNCED IN THE OPEN COURT ON 18 TH JUNE , 20 20 SD/ - SD/ - (A. MOHAN ALANKAMONY ) ( P. MADHAVI DEVI ) ACCOUNTANT MEMBER JUDICIAL MEMEBR HYDERABAD, DATED: 18 TH JUNE, 2020 KV 3 ITA.NO. 17 /HYD/20 20 & CO NO. 4/HYD/2020 SANGITA TRAVEL AGENCY , HYDERABAD. 1) ITO, WARD 7(2), ROOM NO. 808, 8 TH FLOOR, SIGNATURE TOWERS, KONDAPUR, HYDERABAD. 2) SANGITA TRAVEL AGENCY, 15 - 1 - 537/10, HOT RAJADHANI LANE, SIDDIAMBER BAZAR, HYDERABAD 500 012. 3) CIT(A) - 3 , HYDERABAD 4) PR. CIT - 3 HYDERABAD. 5) THE DEPARTMENTAL REPRESENTATIVE, I.T.A.T., HYDERABAD. 6) GUARD FILE.