Income Tax Officer(TDS), Ward -2(2), Hyderabad V. M/s. Sree KTM Trust, Hyderabad

ITA 2074/Hyd/2017

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 0638 (ITAT-HYDERABAD)
• Duration Of Justice: 9 month(s) 4 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 12-09-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2009-2010
• Appeal Filed On: 08-12-2017
• 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 ITA NO. ASST. YEAR APPELLANT RESPONDENT 2074/HYD/17 2009-10 INCOME TAX OFFICER (TDS), TDS WARD-2(2), HYDERABAD M/S. SREE KTM TRUST, HYDERABAD [TAN: HYDS18144A] [PAN: AAGTS1988R] 2075/HYD/17 2010-11 2076/HYD/17 2011-12 2077/HYD/17 2012-13 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. : THESE APPEALS FILED BY THE REVENUE ARE DIRECTED AGAI NST THE ORDERS OF THE COMMISSIONER OF INCOME TAX (APPEALS )8, HYDERABAD, FOR THE AYS. 2009-10, 2010-11, 2011-12 & 2012-13. 2. IT IS STATED BEFORE US THAT THE TAX EFFECT IN THESE AP PEALS IS LESS THAN RS. 20 LAKHS AND THEREFORE THE CIRCULAR NO. 03/2018 ITA NOS. 2074, 2075, 2076 & 2077/HYD/2017 :- 2 -: DATED 11-07-2018 ISSUED BY THE CENTRAL BOARD OF DIREC T TAXES (CBDT) IN EXERCISE OF ITS POWER VESTED UNDER SEC. 2 68A(1) OF THE I.T. ACT COMES INTO PLAY, WHEREIN, THE MONETARY LIMIT F OR FILING THE APPEALS BY THE REVENUE BEFORE THE ITAT AND VARIOU S HIGH COURTS AS WELL AS APEX COURT ARE REVISED WITH AN OBJEC T OF THE REDUCING THE TAX LITIGATION. VIDE PARA 3 OF THE SAID C IRCULAR (SUPRA) IS STATED THAT IN CASES WHERE THE TAX EFFECT IN TH E 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 ALS IS LESS THAN RS. 20 LAKHS, THE PRESENT APPEALS DESERVE TO BE DISMISSED AS NOT PRESSED / NOT MAINTAINABLE. HOWEVER, WE MAKE IT CLEAR THAT THE ISSUES RAISED IN THE INSTANT APPEAL S IS LEFT OPEN TO BE EXAMINED IN THE APPROPRIATE PROCEEDING S, IF ARISES, IN FUTURE. AT THE SAME TIME WE ALSO MAKE IT CLE AR THAT IF THE APPEALS FALL IN ANY OF THE EXCEPTIONS REFERRED TO I N 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, ALL THE APPEALS STAND DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 12 TH SEPTEMBER, 2018 SD/- SD/- (P. MADHAVI DEVI) (S. RIFAUR RAHMA N) JUDICIAL MEMBER ACCOUNTANT MEMBER HYDERABAD, DATED 12 TH SEPTEMBER, 2018 TNMM ITA NOS. 2074, 2075, 2076 & 2077/HYD/2017 :- 3 -: COPY TO : 1. THE INCOME TAX OFFICER (TDS), TDS WARD-2(2), HYDERABAD. 2. M/S. SREE KTM TRUST, 1-2-888/23/1, DOMAL GUDA, HYDERABAD. 3. CIT(APPEALS)-8, HYDERABAD. 4. CIT(TDS)-HYDERABAD. 5. D.R. ITAT, HYDERABAD. 6. GUARD FILE.