The Income-tax Officer, Ward-7(1), Hyderabad v. Syed Aneesuddin
[Citation -2019-LL-1001-174]

Citation 2019-LL-1001-174
Appellant Name The Income-tax Officer, Ward-7(1), Hyderabad
Respondent Name Syed Aneesuddin
Court ITAT-Hyderabad
Relevant Act Income-tax
Date of Order 01/10/2019
Assessment Year 2007-08
Judgment View Judgment
Keyword Tags cash deposit • unexplained credit • unexplained investment • low tax effect
Bot Summary: The Ld. CIT(A)-VI, Hyderabad erred on facts and in law. The Ld. CIT(A) erred in deleting the addition of Rs. 8.75 lakhs made towards cash deposits in to bank accounts. The Ld. CIT(A) erred in deleting the addition of Rs. 16.51 lakhs made towards unexplained credits in the form of loans. The Ld. CIT(A) erred in deleting the addition of Rs. 11.50 lakhs made towards unexplained investment in the form of M/s. Vitas Constructions. 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. 4. In the result, the appeal filed by the Revenue is dismissed.


IN INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH , HYDERABAD BEFORE SMT. P. MADHAVI DEVI, JUDICIAL MEMBER AND SHRI A. MOHAN ALANKAMONY, ACCOUNTANT MEMBER ITA No.1103/Hyd/2013 Assessment Year: 2007-08 Income Tax Officer, Vs. Shri Syed Aneesuddin, Ward-7(1), D.No.12-2-830/34, 2 nd Floor, B Block, Alapati Nagar, IT Towers, AC Guards, Mehdipatnam, Hyderabad. Hyderabad. PAN: AAOPU 6624 Q (Appellant) (Respondent) Assessee by: Shri P.C. Yadav, AR Revenue by: Shri Mookambikeyan S-AR Date of hearing: 01/10/2019 Date of pronouncement: 01/10/2019 ORDER PER A. MOHAN ALANKAMONY, AM.: This appeal is filed by Revenue against order of Ld. CIT(A)-VI, Hyderabad dated 18/04/2013 in appeal No. 0553/2010- 11/CIT(A)-VI passed U/s. 143(3) r.w.s 147 & 250(6) of Act for Asst. Year 2007-08. 2. Revenue has raised following grounds of appeal:- 1. Ld. CIT(A)-VI, Hyderabad erred on facts and in law. 2. Ld. CIT(A) erred in deleting addition of Rs. 8.75 lakhs made towards cash deposits in to bank accounts. 2 3. Ld. CIT(A) erred in deleting addition of Rs. 16.51 lakhs made towards unexplained credits in form of loans. 4. Ld. CIT(A) erred in deleting addition of Rs. 11.50 lakhs made towards unexplained investment in form of M/s. Vitas Constructions. 5. Any other ground or grounds that may be urged at time of hearing. 3. 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. 4. In result, appeal filed by Revenue is dismissed. Pronounced in open Court on 01 st October, 2019. Sd/- Sd/- (P. MADHAVI DEVI) (A. MOHAN ALANKAMONY) JUDICIAL MEMBER ACCOUNTANT MEMBER Hyderabad, Dated: 01 st October, 2019 OKK Copy to:- 3 1) Shri Syed Aneesuddin, D.No.12-2-830/34, Alapati Nagar, Mehdipatnam, Hyderabad. 2) ITO, Ward-7(1), 2 n d Floor, B Block, IT Towers, Hyderabad. 3) CIT(A)-VI, Hyderabad 4) Pr. CIT-VI, Hyderabad 5) DR, ITAT, Hyderabad 6) Guard File Income-tax Officer, Ward-7(1), Hyderabad v. Syed Aneesuddin
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