ACIT, Circle-9(1), Hyderabad, Hyderabad V. M.R. Constructions, Hyderabad, Hyderabad

ITA 955/HYD/2017

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 6980 (ITAT-HYDERABAD)
• Duration Of Justice: 3 year(s) 10 month(s) 6 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 08-04-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB-A
• Next Hearing Date: 06-04-2021
• Assessment Year: 2012-2013
• Appeal Filed On: 02-06-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SUNIL KUMAR PANDEY
• Assessee Lawyers: S RAMA RAO
• Keywords: Tax effect
• Section: 9(1); 9(1); 9(1)

Judgement Text

ITA NO 955 OF 2017 MR CONSTRUCTIONS HYDERABAD PAGE 1 OF 2 IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD A BENCH, HYDERABAD (THROUGH VIDEO CONFERENCING) BEFORE SMT. P. MADHAVI DEVI, JUDICIAL MEMBER AND SHRI LAXMI PRASAD SAHU, ACCOUNTANT MEMBER ITA NO.955/HYD/2017 ASSESSMENT YEAR: 2012-13 ASSTT. CIT CIRCLE 9(1) HYDERABAD VS. M.R. CONSTRUCTIONS HYDERABAD PAN:AAMFM5609D (APPELLANT) (RESPONDENT) REVENUE BY: SRI SUNIL KUMAR PANDEY, DR ASSESSEE BY : SRI S. RAMA RAO DATE OF HEARING: 06/04/2021 DATE OF PRONOUNCEMENT: 08/04/2021 ORDER PER SMT. P. MADHAVI DEVI, J.M. THIS IS REVENUES APPEAL FOR THE A.Y 2012-13 AGAINS T THE ORDER OF THE CIT (A)-7, HYDERABAD, DATED 5.10. 2016. 2. AT THE OUTSET, THE LD. COUNSEL FOR THE ASSESSEE SUBMITTED THAT THE TOTAL TAX EFFECT IN THIS APPEAL IS LESS THAN THE PRESCRIBED LIMIT OF RS.50.00LAKHS WHICH COMES TO RS.35,90,067.00. HE SUBMITTED THAT IN VIEW OF THE CBDT CIRCULARS NO.03/2018 DATED 11.07.2018 AND CIRCULAR NO.17 OF 2 019 DATED 9TH AUGUST, 2019, THE TAX LIMIT FOR FILING OF APPEA L BY THE REVENUE BEFORE THE TRIBUNAL HAS BEEN FIXED AT RS.50.00 LAKH S. SINCE THE TAX EFFECT IN THIS APPEAL IS LESS THAN RS.50.00 LAK H, WE ARE DISMISSING THE SAME ON ACCOUNT OF LOW TAX EFFECT WI TH THE LIBERTY ITA NO 955 OF 2017 MR CONSTRUCTIONS HYDERABAD PAGE 2 OF 2 TO THE REVENUE TO SEEK RECALL OF THE ORDER, IF THE APPEAL FALLS WITHIN THE EXCEPTIONS MENTIONED IN THE CIRCULARS CITED ABO VE. 3. IN THE RESULT, THE APPEAL FILED BY THE REVENUE I S DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT ON 8 TH APRIL, 2021. SD/- SD/- (LAXMI PRASAD SAHU) ACCOUNTANT MEMBER (P. MADHAVI DEVI) JUDICIAL MEMBER HYDERABAD, DATED 8 TH APRIL, 2021. VINODAN/SPS COPY TO: S.NO ADDRESSES 1 ACIT, CIRCLE 9(1), ROOM NO.245, BLOCK D, SECOND FLO OR, IT TOW ERS AC GUARDS, MASAB TANK, HYDERABAD 2 M/S. M.R. CONSTRUCTIONS PLOT NO.1, SAI NAGAR COLO NY, SNEHAPURI CROSS ROAD, NAGOLE, HYDERABAD 3 C IT (A) - 7, HYDERABAD 4 PR. CIT 7, HYDERABAD 5 DR, ITAT HYDERABAD BENCHES 6 GUARD FILE BY ORDER