Income Tax Officer, Ward-2(4), Hyderabad V. T.Narasimha Rao , Hyderabad

ITA 376/Hyd/2020

• Counselvise Citation: [2022] 105 COUNSELVISE.COM (IT) 6671 (ITAT-HYDERABAD)
• Duration Of Justice: 1 year(s) 8 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-03-2022
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB-A
• Assessment Year: 2014-2015
• Appeal Filed On: 05-07-2020
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCHES “A”: HYDERABAD BEFORE SH RI SAT B EER S INGH GO DA RA , JU DI CIA L MEMBE R and SHR I L AXMI PR AS A D SAHU , A C COUNTA NT MEMBER ITA No. 376/H/2020 Assessment Year: 2014-15 Income-tax Officer, Ward – 2(4), Hyderabad. Vs. T. Narasimha Rao, Hyderabad. PAN – ACHPT 4032E (Appellant) (Respondent) Revenue by: Shri Sunil Goutham Assessee by: Shri S. Rama Rao Date of hearing: 16/03/2022 Date of pronouncement: 17/03/2022 O R D E R PER BENCH: This appeal filed by the Revenue for AY 2014-15 is directed against CIT(A) - 2, Hyderabad’s order dated 12/02/2020 involving proceedings u/s 143(3) r.w.s. 263 of the Income Tax Act, 1961 ; in short “the Act”. 2. We notice at the outset that revenue’s instant appeal suffers from 57 days delay in filing before the ITAT. In this connection, the assessee has filed an affidavit, wherein, it was affirmed that due to the ongoing covid-19 pandemic ITA No. 376/Hyd/2020 S r i T . N a r a s i m h a R a o , Hyd. :- 2 -: and consequent lockdown declared by the Govt of India and Stage Govt., caused the impugned delay in filing the appeal belatedly. We rely on Case law Collector Land Acquisition Vs. Mst. Katiji & Ors, 1987 AIR 1353 (SC) and University of Delhi Vs. Union of India, Civil Appeal No. 9488 & 9489/2019 dated 17 December, 2019, hold that such a delay; supported by cogent reasons, deserves to be condoned so as to make way for the cause of substantial justice. We accordingly hold that revenue’s impugned delay in filing this appeal is neither intentional nor deliberate but due to the circumstances beyond its control. The same stands condoned. Case is now taken up for adjudication on merits. 3. At the time of hearing it has been brought to our notice that as per the CBDT Circulars No.03/2018 dated 11.07.2018 and Circular No.17 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.50.00 lakhs, we are dismissing the same on account of low tax effect with the liberty to the Revenue to seek recall of the order, if any, of this case falls within the exceptions mentioned in the Circulars cited above. ITA No. 376/Hyd/2020 S r i T . N a r a s i m h a R a o , Hyd. :- 3 -: 4. In the result, Revenue’s appeal is dismissed in above terms. Pronounced in the open court on 17 th March, 2022 Sd/- Sd/- (L.P. SAHU) (S. S. GODARA) ACCOUNTANT MEMBER JUDICIAL MEMBER Hyderabad, Dated: 17 th March, 2022 kv copy to : 1 ITO, Ward – 2(4), Room No. 509, 5 th Floor, Singature Towers, Opp. Botanical Garden, Kondapur, Hyderabad – 500 084. 2 Sri T. Narasimha Rao, Plot No. 220, Road No. 9, Vasavi Colony, Near Astalakshmi Temple, Kothapet, Hyderabad. 3 CIT(A) –2, Hyderabad. 4 Pr. CIT – 2, Hyderabad. 5 ITAT, DR, Hyderabad 6 Guard File.