Income Tax Appellate Tribunal - Hyderabad
Sri Narra Nageswara Rao, Hyderabad vs Dy. Commissioner Of Income Tax , ... on 14 September, 2018
ITA No 224 of 2018 Narra Nageswara Rao Hyderabad.
IN THE INCOME TAX APPELLATE TRIBUNAL
Hyderabad ' A ' Bench, Hyderabad
Before Smt. P. Madhavi Devi, Judicial Member
AND
Shri S.Rifaur Rahman, Accountant Member
ITA No.224/Hyd/2018 & C.O.No.7/Hyd/2018)
(Assessment Year: 2012-13)
Dy. Commissioner of Vs Sri Narra Nageswara Rao
Income Tax, Circle 8(1) Hyderabad
Hyderabad PAN: ACQPN0564J
(Appellant) (Respondent)
For Revenue : Shri Kiran Katta, DR
For Assessee : Shri S. Rama Rao
Date of Hearing: 07.09.2018
Date of Pronouncement: 14.09.2018
ORDER
Per Smt. P. Madhavi Devi, J.M.
This appeal filed by the revenue is directed against the order of the CIT (A)-2, Hyderabad, dated, 27th November, 2017 for the A.Y 2012-13.
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 appeals to be filed before the Page 1 of 2 ITA No 224 of 2018 Narra Nageswara Rao Hyderabad.
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 of the Revenue stands dismissed. Further, the C.O filed by the assessee is only in support of the CIT (A)'s order and therefore, the C.O is also dismissed. Order pronounced in the Open Court on 14th September, 2018.
Sd/- Sd/
(S.Rifaur Rahman) (P. Madhavi Devi)
Accountant Member Judicial Member
Hyderabad, dated 14th September, 2018.
Vinodan/sps Copy to:
1 Dy.CIT, Circle 8(1), 6th Floor, Room No.605, Signature Towers, Kondapur, Hyderabad 2 Shri Narra Nageswara Rao, 2-4/3/2/A, Gouthaminagar, Chandanagar, Serilingampally, Hyderabad 500049 3 CIT (A)-2, Hyderabad 4 Pr. CIT - 2, Hyderabad 5 The DR, ITAT Hyderabad 6 Guard File By Order Page 2 of 2