Dy. Commissioner of Income Tax , Circle-3(1), Hyderabad V. Rockwool India Private Limited , Hyderabad

ITA 19/Hyd/2020

• Counselvise Citation: [2020] 111 COUNSELVISE.COM (IT) 0460 (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: 2007-2008
• Appeal Filed On: 03-01-2020
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: K J DIVYA
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCHES A : HYDERABAD (THROUGH VIDEO CONFERENCE) BEFORE SMT. P. MADHAVI DEVI, JUDICIAL MEMBER AND SHRI A. MOHAN ALANKAMONY, ACCOUNTANT MEMBER I.T.A. NO. 19/HYD/2020 ASSESSMENT YEAR: 2007-08 DY. COMMISSIONER OF INCOME TAX, CIRCLE-3(1), HYDERABAD VS M/S. ROCKWOOL INDIA PRIVATE LIMITED, HYDERABAD [PAN: AABCR0722N] (APPELLANT) (RESPONDENT) FOR REVENUE : SMT. K.J.DIVYA, DR FOR ASSESSEE : SHRI RAVI BHARADWAJ, AR DATE OF HEARING : 18-06-2020 DATE OF PRONOUNCEMENT : 18-06-2020 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)3, HYDERABAD, DATED 03-10-2019 FOR THE AY.2007-08. 2. THE CASE WAS TAKEN UP FOR HEARING ON 18-06-2020 THROUGH VIDEO CONFERENCING AND BOTH THE PARTIES WERE HE ARD. 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 ITA NO. 19/HYD/2020 :- 2 -: AND CIRCULAR NO.17 OF 2019 DATED 8 TH AUGUST, 2019, THE TAX 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 CIRCULARS CITED ABOVE. 5. IN THE RESULT, THE APPEAL FILED BY REVENUE IS DISMI SSED. ORDER PRONOUNCED IN THE OPEN COURT ON 18 TH JUNE, 2020 SD/- SD/- ( A. MOHAN ALANKAMONY ) ( P. MADHAVI DEVI ) ACCOUNTANT MEMBER JUDICIAL MEMBER HYDERABAD, DATED: 18-06-2020 TNMM ITA NO. 19/HYD/2020 :- 3 -: COPY TO : 1. DY.COMMISSIONER OF INCOME TAX, CIRCLE-3(1), HYD ERABAD. 2. M/S.ROCKWOOL INDIA PRIVATE LIMITED, 6-3-856/A/3, NEW-353, GREENLANDS, AMEERPET, HYDERABAD. 3. CIT(APPEALS)-3, HYDERABAD. 4. THE PR.CIT-3, HYDERABAD. 5. D.R. ITAT, HYDERABAD. 6. GUARD FILE.