Dy. Commissioner of Income Tax , Circle-2(1), Hyderabad V. Imerys Ceramics India Private Limited , Hyderabad

ITA 579/Hyd/2020

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 7169 (ITAT-HYDERABAD)
• Duration Of Justice: 10 month(s) 9 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 02-09-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB-A
• Assessment Year: 2015-2016
• Appeal Filed On: 23-10-2020
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: KIRAN KATTA
• Assessee Lawyers: MITHILESH
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCHES A : HYDERABAD (THROUGH VIDEO CONFERENCE) BEFORE SHRI S.S.GODARA, JUDICIAL MEMBER AND SHRI LAXMI PRASAD SAHU, ACCOUNTANT MEMBER I.T.A. NO. 579/HYD/2020 ASSESSMENT YEAR: 2015-16 DCIT, CIRCLE-2(1), HYDERABAD VS M/S.IMERYS CERAMICS INDIA PRIVATE LIMITED, HYDERABAD [PAN: AAACJ7424Q] (APPELLANT) (RESPONDENT) FOR REVENUE : SHRI KIRAN KATTA, DR FOR ASSESSEE : SHRI C.A.MITHILESH, AR DATE OF HEARING : 16-08-2021 DATE OF PRONOUNCEMENT : 02-09-2021 O R D E R PER S.S.GODARA, J.M. : THIS REVENUES APPEAL FOR AY.2015-16 IS DIRECTED AGA INST THE CIT(A)12, HYDERABADS ORDER DATED 27-08-2020 PAS SED IN APPEAL NO.10295/2019-20 IN PROCEEDINGS U/S.143(3) O F THE INCOME TAX ACT, 1961 [IN SHORT, THE ACT]. 2. AT THE TIME OF HEARING, IT HAS BEEN BROUGHT TO OUR NOTI CE THAT AS PER THE CBDT CIRCULAR NO.03 OF 2018 DATED 11-07-2018 AND CIRCULAR NO.17 OF 2019 DATED 8 TH AUGUST, 2019, THE TAX LIMIT FOR FILING OF APPEAL BY THE REVENUE BEFORE THE TRIBUNAL HAS BEEN FIXED AT RS.50 LAKHS WITH RETROSPE CTIVE EFFECT. ITA NO. 579/HYD/2020 :- 2 -: 3. AFTER HEARING BOTH THE SIDES AND PERUSING THE RECOR DS AS PLACED BEFORE US, WE FOUND THAT THE 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. HOWE VER, THE REVENUE SHALL BE AT LIBERTY TO SEEK RECALL OF THE ORDE R, IF THIS CASE IS FOUND TO BE FALLING WITHIN THE EXCEPTIONS MENTI ONED IN THE CIRCULAR(S) CITED ABOVE. 4. THIS REVENUES APPEAL IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 2 ND SEPTEMBER, 2021 SD/- SD/- (LAXMI PRASAD SAHU) (S.S.GO DARA) ACCOUNTANT MEMBER JUDICIAL MEM BER HYDERABAD, DATED: 02-09-2021 TNMM ITA NO. 579/HYD/2020 :- 3 -: COPY TO : 1.THE DCIT, CIRCLE-2(1), HYDERABAD. 2.M/S. IMERYS CERAMICS INDIA PRIVATE LIMITED, 1-11- 246/4F & 1-11-247/D, 4 TH FLOOR, SURYA ARCADE, OPP: CAFE BAHAR, NEAR INDIAN OIL PETROL PUMP, HYDERABAD. 3.CIT(APPEALS)-12, HYDERABAD. 4.PR.CIT-II, HYDERABAD. 5.D.R. ITAT, HYDERABAD. 6.GUARD FILE.