DCIT, Central Circle -1(4), Hyderabad V. MK Infra & Developers, Hyderabad

ITA 417/Hyd/2022

AI Insights

The case involves an appeal by the Deputy Commissioner of Income Tax, Central Circle 1(4), Hyderabad against M/s. M.K. Infra & Developers, Hyderabad. The appeal was directed against the order of the CIT (A)-11, Hyderabad, which had deleted an addition of Rs.1,47,22,030/- for the Assessment Year 2019-20. The Revenue challenged this order, but the appeal was found to be not maintainable as the tax effect was below the threshold of Rs. 50 lakhs set by the CBDT circular. The Tribunal noted that if the tax effect exceeds Rs. 50 lakhs or falls under any exceptions of the circular, the Revenue may file an application for restoration of the appeal.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 128899 (ITAT-HYDERABAD)
• Duration Of Justice: 6 month(s) 27 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 27-03-2023
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB-A
• Next Hearing Date: 27-03-2023
• Assessment Year: 2019-2020
• Appeal Filed On: 31-08-2022
• Laws Referred To: CBDT circular No.17/19 dated 8.8.2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect

Judgement Text

ITA 417 of 2022 MK Infra Developers Hyderabad Page 1 of 2 आयकर अपीलȣय अͬधकरण, हैदराबाद पीठ IN THE INCOME TAX APPELLATE TRIBUNAL Hyderabad ‘A ‘ Bench, Hyderabad Before Shri R.K. Panda, Accountant Member AND Shri Laliet Kumar, Judicial Member ITA No.417/Hyd/2022 Assessment Year: 2019-20 Dy. C.I.T Central Circle 1(4) Hyderabad Vs. M/s. M.K. Infra & Developers Hyderabad PAN:ABDFM5500F (Appellant) (Respondent) Assessee by : N O N E Revenue by: Shri KPRR Murthy, CIT(DR) Date of hearing: 28/03/2023 Date of pronouncement: 28/03/2023 ORDER Per R.K. Panda, A.M This appeal filed by the Revenue is directed against the order dated 16.06.2022 of the learned CIT (A)-11, Hyderabad, relating to A.Y.2019-20. 2. None appeared on behalf of the assessee. 3. After hearing the learned DR and on perusal of the record, we find that the Revenue has challenged the order of the CIT(A) in deleting the addition of Rs.1,47,22,030/- and the tax effect on the above is less than Rs.50.00 lakhs. The CBDT vide circular No.17/19 dated 8.8.2019 has raised the monetary limit for filing of the appeal by the Revenue before the Tribunal to Rs.50.00 lakhs. Since the tax effect involved in the ground raised by the Revenue is admittedly less than Rs.50 lakhs, therefore, the ITA 417 of 2022 MK Infra Developers Hyderabad Page 2 of 2 appeal filed by the Revenue is not maintainable and accordingly the same is liable to be dismissed as withdrawn. We, therefore, dismiss the appeal filed by the Revenue. 4. However, in case the Revenue at any point of time find that the tax effect is more than Rs.50.00 lakhs or that the same is covered by any of the exceptions mentioned in the said circular, the Revenue is at liberty to move appropriate application before the Tribunal for restoration of the appeal. 5. In the result, appeal filed by the Revenue is dismissed. Order pronounced in the Open Court on 28 th March, 2023. Sd/- Sd/- (LALIET KUMAR) JUDICIAL MEMBER (R.K. PANDA) ACCOUNTANT MEMBER Hyderabad, dated 28 th March, 2023. Vinodan/sps Copy to: S.No Addresses 1 Dy.CIT, Central Circle 1(4), 7 th Floor, Aayakar Bhavan, Basheerbagh, Hyderabad 500004 2 M/s. M.K. Infra & Developers, 8-3-1114/1 Flat No.2 Lakshmi Krishna Nilayam, Kesava Nagar, Srinagar Colony, Hyderabad 500073 3 DR, ITAT Hyderabad Benches 4 Pr. CIT Central, Hyderabad 5 Guard File By Order