Asst. Commissioner of Income-tax, Circle-4(1), Hyderabad v. Subhash Gupta
[Citation -2019-LL-0903-84]

Citation 2019-LL-0903-84
Appellant Name Asst. Commissioner of Income-tax, Circle-4(1), Hyderabad
Respondent Name Subhash Gupta
Court ITAT-Hyderabad
Relevant Act Income-tax
Date of Order 03/09/2019
Assessment Year 2014-15
Judgment View Judgment
Keyword Tags tax effect • disallowance of capital gain • monetary limit
Bot Summary: The Revenue has raised the following grounds of appeal:- 1. The Ld. CIT(A) erred in deleting the addition U/s. The Ld. CIT(A) erred in not taking cognizance of the thorough investigation carried out by the Investigation Wing of the Income Tax Department at Kolkata. The Ld. CIT(A) erred in ignoring the decision of ITAT, Chandigarh Dt. 18/04/2018 in ITA No. 951/Chd/2016 in the case of Abhimanyu Sion vs. ACIT. 5. At the time of hearing it has been brought to our notice that as per the CBDT Circulars No.03/2018 dated 11.07.2018 and Circular No.17 of 2019 dated 9th August, 2019, the tax limit for filing appeal by the Revenue before the Tribunal has been fixed at Rs.50.00 lakhs and above. Since the tax effect in the present appeal before us is less than Rs.50.00 lakh, we hereby dismiss the same with liberty to the Revenue to seek recall of the order, if the appeal falls within the exceptions mentioned in the Circulars of the CBDT. 3. In the result, the appeal filed by the Revenue is dismissed.


IN INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH B HYDERABAD BEFORE SMT. P. MADHAVI DEVI, JUDICIAL MEMBER AND SHRI A. MOHAN ALANKAMONY, ACCOUNTANT MEMBER ITA No.2078/Hyd/2018 Assessment Year: 2014-15 Asst. Commissioner of Vs. Sri Subhash Gupta, Income Tax, 4-3-72/1/15, Circle-4(1), Sultan Bazar, K.S. Lane, Hyderabad. Hyderabad. PAN: ACAPG1663R (Appellant) (Respondent) Assessee by Sri K.C. Devdas Revenue by Sri Nilanjan Dey, DR Date of hearing 03/09/2019 Date of pronouncement 03/09/2019 ORDER PER A. MOHAN ALANKAMONY, AM.: This appeal is filed by Revenue against order of Ld. CIT(A)-1, Hyderabad dated 28/08/2018 in appeal No. 0401/CIT(A)-1, Hyd/2016-17/2018-19 passed U/s. 143(3) & 250(6) of Act for Asst. Year 2014-15. 2. Revenue has raised following grounds of appeal:- 1. order of Ld. CIT(A) is erroneous on facts as well as in law. 2. Ld. CIT(A) erred in deleting addition U/s. 68 of Rs. 1,44,09,577/- by disallowing claim of LTCG U/s. 10(38) of IT Act, which is not only contrary to evidence and material on record but is also perverse. 2 3. Ld. CIT(A) erred in not taking cognizance of thorough investigation carried out by Investigation Wing of Income Tax Department at Kolkata. 4. Ld. CIT(A) erred in ignoring decision of ITAT, Chandigarh Dt. 18/04/2018 in ITA No. 951/Chd/2016 in case of Abhimanyu Sion vs. ACIT. 5. Any other ground that may be urged at time of hearing. 2. At time of hearing it has been brought to our notice that as per CBDT Circulars No.03/2018 dated 11.07.2018 and Circular No.17 of 2019 dated 9th August, 2019, tax limit for filing appeal by Revenue before Tribunal has been fixed at Rs.50.00 lakhs and above. Therefore, since tax effect in present appeal before us is less than Rs.50.00 lakh, we hereby dismiss same with liberty to Revenue to seek recall of order, if appeal falls within exceptions mentioned in Circulars of CBDT. 3. In result, appeal filed by Revenue is dismissed. Pronounced in open Court on 03 rd September, 2019. Sd/- Sd/- (P. MADHAVI DEVI) (A. MOHAN ALANKAMONY) JUDICIAL MEMBER ACCOUNTANT MEMBER Hyderabad, Dated: 03 rd September, 2019 OKK 3 Copy to 1) Sri Subhash Gupta, 4-3-72/1/15, Sultan Bazar, K.S. Lane, Hyderabad-95. 2) ACIT, R.No.742, 7 t h Floor, Income Tax Towers, Masab Tank, Hyderabad. 3) CIT(A)-1, Hyderabad 4) Pr. CIT-1, Hyderabad 5) DR, ITAT, Hyderabad 6) Guard File Asst. Commissioner of Income-tax, Circle-4(1), Hyderabad v. Subhash Gupta
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