Indian Kanoon - Search engine for Indian Law

Income Tax Appellate Tribunal - Hyderabad

Asst. Commissioner Of Income Tax, ... vs Jaya Hospitals & Jaya Nursing Home, ... on 17 October, 2018

        IN THE INCOME TAX APPELLATE TRIBUNAL
         HYDERABAD BENCHES "B", HYDERABAD

     BEFORE SMT. P. MADHAVI DEVI, JUDICIAL MEMBER
                         AND
      SHRI S. RIFAUR RAHMAN, ACCOUNTANT MEMBER


                  I.T.A. No. 1154/HYD/2017
                   Assessment Year: 2006-07
        Asst. Commissioner    M/s. Jaya Hospitals &
        of Income Tax,     Vs Jaya Nursing Home,
        Circle-1,             WARANGAL
        WARANGAL              [PAN: AABFJ2166R]

            (Appellant)                   (Respondent)

          For Revenue      : Shri Nilanjan Dey, DR
          For Assessee     : Shri K.A. Sai Prasad, AR

            Date of Hearing           :    28-09-2018
            Date of Pronouncement     :    17-10-2018

                           ORDER


PER S. RIFAUR RAHMAN, A.M. :

This appeal filed by the Revenue is directed against the order dated 03-02-2017 of the Commissioner of Income Tax (Appeals)-10, Hyderabad for the AY. 2006-07.

2. It is stated before us 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 the I.T. Act comes into play, wherein, the monetary limit for filing :- 2 -:

the appeals by the Revenue before the ITAT and various High Courts as well as Apex Court are revised with an object of the reducing the tax litigation. Vide para 3 of the said circular (supra) is stated that in cases where the tax effect in the 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 October, 2018 Sd/- Sd/-

(P. MADHAVI DEVI)                         (S. RIFAUR RAHMAN)
JUDICIAL MEMBER                          ACCOUNTANT MEMBER

Hyderabad, Dated 17th October, 2018 TNMM :- 3 -:

Copy to :

1. The Asst. Commissioner of Income Tax, Circle-1, Warangal.

2. M/s. Jaya Hospitals & Jaya Nursing Home, H.No. 6-2-234, Chowrastha, Hanamkonda, Warangal.

3. CIT(Appeals)-10, Hyderabad.

4. Pr.CIT-3, Hyderabad.

5. D.R. ITAT, Hyderabad.

6. Guard File.