Legal Document View

Unlock Advanced Research with PRISMAI

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 1, Cited by 4]

Income Tax Appellate Tribunal - Hyderabad

Asst. Commissioner Of Income Tax, ... vs Gunda Amarnath, Kurnool on 17 August, 2018

                                          ITA No 1735 of 2017 Sri Gunda Amarnath Kurnool.




              IN THE INCOME TAX APPELLATE TRIBUNAL
                  Hyderabad ' B ' Bench, Hyderabad

        Before Smt. P. Madhavi Devi, Judicial Member
                            AND
         Shri Inturi Rama Rao, Accountant Member

                      ITA No.1735/Hyd/2017
                     (Assessment Year: 2010-11)

Asstt. CIT, Circle 1             Vs       Sri Gunda Amarnath
Kurnool                                   51-967 A LIC Colony
                                          Kurnool
                                          PAN: BIRPG7201F
(Appellant)                              (Respondent)

                For Revenue :             Shri M.H. Naik, DR
                For Assessee :            None

            Date of Hearing:             10.08.2018
            Date of Pronouncement:       17.08.2018

                                      ORDER

Per Smt. P. Madhavi Devi, J.M.

This appeal filed by the revenue is directed against the order of the CIT (A), Kurnool, dated 4 th July, 2017 for the A.Y 2010-11.

2. It is stated before us that the tax effect in this appeal is less than Rs.20 lakhs and therefore the Circular No. 3/2018 dated 11.07.2018 issued by the Central Board of Direct Taxes (CBDT) in exercise of its power vested under Sec. 268A(1) of the I.T. Act comes into play, wherein, the monetary limit for filing the appeals by the Revenue before the ITAT and various High Courts as well as Apex Court are revised with an object of reducing the tax litigation. Vide para 3 of the said circular (supra)it is stated that in cases where the tax effect in the Page 1 of 2 ITA No 1735 of 2017 Sri Gunda Amarnath Kurnool.

appeals to be filed before the Appellate Tribunal does not exceed Rs.20 lakhs appeals should not be filed. Thus taking a note of CBDT Circular No. 03/2018, dated 11.07.2018 and considering the fact that the tax effect in the instant appeal is less than Rs.20 lakhs, the present appeal deserves to be dismissed as not pressed not maintainable. However, we make it clear that the issues raised in the instant appeal is left open to be examined in the appropriate proceedings, if arises, in future. At the same time we 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 recalling 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 17th August, 2018.

               Sd/-                                                 Sd/-
         (Inturi Rama Rao)                                   (P. Madhavi Devi)
        Accountant Member                                     Judicial Member

Hyderabad, dated 17th August, 2018.
Vinodan/sps


Copy to:

1    Asstt. CIT, Circle 1, 2nd Floor, Aayakar B havan, NR Pet, Opp:
     Chindrens Park, Kurnool 518001
2    Sri Gunda Amarnath, No.51-967 A, LIC Colony, Kurnool
3    CIT (A)-Kurnool
4    Pr. CIT - Kurnool
5    The DR, ITAT Hyderabad
6    Guard File

                                  By Order




                                        Page 2 of 2