Income Tax Officer, Ward-11(4), Hyderabad V. Reddy Sudhakar Manukonda, Hyderabad

ITA 36/Hyd/2018

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 1615 (ITAT-HYDERABAD)
• Duration Of Justice: 1 year(s) 5 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 12-06-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB-A
• Next Hearing Date: 14-05-2019
• Assessment Year: 2014-2015
• Appeal Filed On: 04-01-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: DINESH PADUCHURI
• Keywords: Tax effect

Judgement Text

THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH A , HYDERABAD BEFORE SMT. P. MADHAVI DEVI, JUDICIAL MEMBER AND SHRI S. RIFAUR RAHMAN, ACCOUNTANT MEMBER ITA NO. 36 /HYD/201 8 ASSESSMENT YEAR: 201 4 - 1 5 INCOME - TAX OFFICER, WARD 1 1 ( 4 ), HYDERABAD. VS. REDDY SUDHAKAR MANUKONDA, HYDERABAD. PAN A XRPM 2139G (APPELLANT) (RESPONDENT) REVENUE BY : S HRI DINESH PADUCHURI ASSESSEE BY : S MT. S. SANDHYA DATE OF HEARING : 14 - 0 5 - 201 9 DATE OF PRONOUNCEMENT : 12 - 0 6 - 201 9 O R D E R PER S. RIFAUR RAHMAN, A.M : T H IS APPEAL OF THE REVENUE IS DIRECTED AGAINST THE ORDER OF CIT(A) 5 , HYDERABAD, DATED 31 / 1 0/201 7 FOR AY 201 4 - 1 5 . 2. IT IS STATED BEFORE US THAT THE TAX EFFECT IN TH IS APPEAL IS LESS THAN RS. 20 LAKHS AND THEREFORE THE CIRCULAR NO. 3/2018 DATED 11.07.2018 ISSUED BY THE CENTRAL BOARD OF DIRECT TAXES (CBDT) IN EXERCISE OF ITS POWER VESTED UNDER SEC. 268A(1) OF THE I.T. ACT COMES INTO PLAY, WHEREIN, THE MONETARY LIMIT FOR 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 DOES NOT EXCEED RS. 20 LAKHS APPEALS SHOULD NOT BE FILED. THUS TAKIN G A NOTE OF CBDT CIRCULAR NO. 03/2018, DATED 11.07.2018 AND CONSIDERING THE FACT THAT THE TAX EFFECT IN THE INSTANT APPEAL S ARE LESS THAN RS. 20 LAKHS, THE PRESENT APPEAL DESERVE S TO BE DISMISSED AS NOT PRESSED / NOT MAINTAINABLE. HOWEVER, WE MAKE IT CLEA R THAT THE 2 ITA NO. 36 /HYD/201 8 REDDY SUDHAKAR MANUKONDA, HYD. ISSUES RAISED IN THE INSTANT APPEAL IS LEFT OPEN TO BE EXAMINED IN THE APPROPRIATE PROCEEDINGS, IF ARISES, IN FUTURE. AT THE SAME TIME , WE ALSO MAKE IT CLEAR THAT IF THE APPEAL FALLS IN ANY OF THE EXCEPTIONS REFERRED TO IN 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 , THE APPEAL ST AND S DISMISSED. PRONOUNCED IN THE OPEN COURT ON 12 TH JUNE , 201 9 . SD/ - SD/ - ( P. MADHAVI DEVI ) (S. RIFAUR RAHMAN) JUDICIAL MEMBER ACCOUNTANT MEMBER HYDERABAD, DATED: 12 TH JUNE , 201 9 . KV COPY TO: - 1) ITO, WARD 1 1 ( 4 ), 10 TH FLOOR, SIGNATURE TOWERS, KONDAPUR, HYDERABAD . 2) REDDY SUDHAKAR MANUKONDA , H. NO. 48 - 136 - 1, RAM REDDY NAGAR, CHINTAL, QUTUBULLAPUR, HYD. 3) CIT(A) 5 , HYDERABAD. 4) PR. CIT 5 , HYD . 5 ) THE DEPARTMENTAL REPRESENTATIVE, I.T.A.T., HYDERABAD. 6 ) GUARD FILE