Income Tax Officer, Ward-15(3), Hyderabad V. G.Ravi Kumar Reddy , Hyderabad

ITA 958/Hyd/2018

• Counselvise Citation: [2019] 116 COUNSELVISE.COM (IT) 3830 (ITAT-HYDERABAD)
• Duration Of Justice: 1 year(s) 3 month(s) 2 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-08-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB-B
• Next Hearing Date: 13-08-2019
• Assessment Year: 2014-2015
• Appeal Filed On: 14-05-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: NILANJAN DEY
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCHES SMC, HYDERABAD BEFORE SMT. P. MADHAVI DEVI, JUDICIAL MEMBER I.T.A. NO. 958/HYD/2018 ASSESSMENT YEAR: 2014-15 INCOME TAX OFFICER, WARD-15(3), HYDERABAD VS SRI G. RAVI KUMAR REDDY, SECUNDERABAD [PAN: AIOPG2241F] (APPELLANT) (RESPONDENT) FOR REVENUE : SHRI NILANJAN DEY, DR FOR ASSESSEE : SHRI K.C. DEVDAS, AR DATE OF HEARING : 13-08-2019 DATE OF PRONOUNCEMENT : 16-08-2019 O R D E R THIS APPEAL FILED BY THE REVENUE IS DIRECTED AGAINST THE ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS)7, HYDERABAD, DATED 27-03-2018 FOR THE AY.2014-15. 2. AT THE TIME OF HEARING, LD.COUNSEL FOR THE ASSESSEE HAS FILED COMPUTATION OF TAX EFFECT IN THIS APPEAL AND HAS SUBMITTED THAT THE TAX EFFECT IN THIS APPEAL IS LESS THAN RS . 20 LAKHS AND THEREFORE THE CIRCULAR NO. 03/2018 DATED 11- 07- 2018 ISSUED BY THE CENTRAL BOARD OF DIRECT TAXES (CBDT ) IN EXERCISE OF ITS POWER VESTED UNDER SEC. 268A(1) OF TH E I.T. ACT COMES INTO PLAY, WHEREIN, THE MONETARY LIMIT FOR FILING THE APPEALS BY THE REVENUE BEFORE THE ITAT AND VARIOUS HI GH COURTS AS WELL AS APEX COURT ARE REVISED WITH AN OBJEC T OF THE REDUCING THE TAX LITIGATION. VIDE PARA 3 OF THE SAID CIR CULAR ITA NO. 958/HYD/2018 :- 2 -: (SUPRA), IT IS STATED THAT IN CASES WHERE THE TAX EFFECT I N THE APPEALS TO BE FILED BEFORE THE APPELLATE TRIBUNAL DOE S NOT EXCEED RS. 20 LAKHS APPEALS SHOULD NOT BE FILED. LD .DR ALSO CONFIRMED THAT TAX EFFECT IN THIS APPEAL IS LESS THAN RS. 20 LAKHS. THUS, TAKING A NOTE OF CBDT CIRCULAR NO. 03/20 18, DATED 11-07-2018 AND CONSIDERING THE FACT THAT THE TAX EFF ECT IN THE INSTANT APPEAL IS LESS THAN RS. 20 LAKHS, THE PRE SENT APPEAL DESERVES TO BE DISMISSED AS NOT PRESSED / NOT MAINTAINABLE. HOWEVER, I MAKE IT CLEAR THAT THE ISSUE RA ISED IN THE INSTANT APPEAL ARE LEFT OPEN TO BE EXAMINED IN THE APPROPRIATE PROCEEDINGS, IF ARISES, IN FUTURE. AT THE SAME TIME, I 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 RECA LLING THE ORDER, IF SO, ADVISED. 3. ACCORDINGLY IN THE LIGHT OF CBDT CIRCULAR NO. 03 /2018 DATED 11-07-2018, THE APPEAL STANDS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 16 TH AUGUST, 2019 SD/- (P. MADHAVI DEVI) JUDICIAL MEMBER HYDERABAD, DATED 16 TH AUGUST, 2019 TNMM ITA NO. 958/HYD/2018 :- 3 -: COPY TO : 1. THE INCOME TAX OFFICER, WARD-15(3), HYDERABAD. 2. SRI G. RAVI KUMAR REDDY, H.NO.12-1-1325/16/3, LA XMI NAGAR, NORTH LALAGUDA, SECUNDERABAD. 3. CIT(APPEALS)-7, HYDERABAD. 4. PR.CIT-7, HYDERABAD. 5. D.R. ITAT, HYDERABAD. 6. GUARD FILE.