Dy. Commissioner of Income Tax, International Taxation-2, Hyderabad v. Prag Distillery Private Limited , Hyderabad

ITA 1105/Hyd/2019 | 2013-2014
Pronouncement Date: 13-11-2019 | Result: Dismissed

Appeal Details

RSA Number 110522514 RSA 2019
Assessee PAN AADCP7665A
Bench Hyderabad
Appeal Number ITA 1105/Hyd/2019
Duration Of Justice 4 month(s) 9 day(s)
Appellant Dy. Commissioner of Income Tax, International Taxation-2, Hyderabad
Respondent Prag Distillery Private Limited , Hyderabad
Appeal Type Income Tax Appeal
Pronouncement Date 13-11-2019
Appeal Filed By Department
Order Result Dismissed
Bench Allotted DB-A
Tribunal Order Date 13-11-2019
Last Hearing Date 13-11-2019
First Hearing Date 13-11-2019
Assessment Year 2013-2014
Appeal Filed On 04-07-2019
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH ES A HYDERABAD BEFORE SMT. P. MADHAVI DEVI JUDICIAL MEMBER AND SHRI A. MOHAN ALANKAMONY ACCOUNTANT MEMBER I TA NO. ASST. YEAR APPELLANT RESPONDENT 1 0 7 9 /HYD/19 201 3 - 1 4 (QUARTER - 1) DEPUTY COMMISSIONER OF INCOME TAX INTERNATIONAL TAXATION - 2 HYDERABAD M/S. PRAG DISTILLERY PRIVATE LIMITED HYDERABAD [PAN: AA DCP7665A ] 1 10 4 /HYD/19 201 3 - 1 4 (QUARTER - 2) 1 1 0 5 /HYD/19 2013 - 14 (QUARTER - 3) 1 10 6 /HYD/19 201 3 - 1 4 (QUARTER - 4) FOR R E VENUE : SHRI S UKU S RINIVAS D R FOR ASSESSEE : NONE DATE OF HEARING : 13 - 1 1 - 201 9 DATE OF PRONOUNCEMENT : 13 - 1 1 - 201 9 O R D E R PER BENCH : TH E S E APPEAL S FILED BY THE REVENUE ARE DIRECTED AGAINST THE ORDER S OF THE COMMISSIONER OF INCOME TAX(APPEALS) - 8 HYDERABAD. CONDONATION OF DELAY: 2. T H E APPEAL OF REVENUE IN ITA NO.1079/HYD/2019 HAS BEEN FILED WITH A DELAY OF ONE DAY AND ALL THE REMAINING APPEALS HAVE BEEN FILED WITH A DELAY OF THREE DAYS . REVENUE HAS FILED A FFIDAVIT S SEEKING CONDONATION OF DELAY IN FILING THE APPEAL S . M/S. PRAG DISTILLERY PRIVATE LIMITED : - 2 - : 2.1. CONSIDERING THE PETITION S FOR CONDONATION OF DELAY FILED BY THE REVENUE AND BEING SATISFIED WITH THE REASONABLE CAUSE FOR THE DELAY WE HEREBY CONDONE THE DELAY IN FILING THE APPEAL S AND PROCEED TO HEAR THE APPEALS. 3 . 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 8 TH AUGUST 2019 THE TAX LIMIT FOR FILING OF APPEAL BY THE REVENUE BEFORE THE TRIBUNAL HAS BEEN FIXED AT RS.50 LAKHS. 4 . AFTER HEARING LD.DR AND PERUSING THE RECORDS AS PLACED BEFORE US WE FIND THAT THESE AP PEALS ARE COVERED BY THE AFORESAID CIRCULAR AND THEREFORE NOT MAINTAINABLE SINCE THE TAX EFFECT IN THESE APPEALS IS LESS THAN RS.50 LAKHS AND APPARENTLY THE CASES ARE NOT COVERED BY ANY OF THE EXCEPTIONS IN THE CIRCULAR. WE THEREFORE DISMISS ALL THESE AP PEALS ON ACCOUNT OF LOW TAX EFFECT. HOWEVER THE REVENUE IS AT LIBERTY TO SEEK RECALL OF THE ORDER IF ALL OR ANY OF THESE CASES ARE FOUND TO BE FALLING WITHIN THE EXCEPTIONS MENTIONED IN THE CIRCULARS CITED ABOVE. 5 . IN THE RESULT ALL THE APPEAL S FILED BY REVENUE ARE DISMISSED. ORDER PRONOUNCED IN THE O PEN C OURT ON 13 TH NOVEM BER 201 9 SD/ - SD/ - ( P. MADHAVI DEVI ) ( A. MOHAN ALANKAMONY ) JUDICIAL MEMBER ACCOUNTANT MEMBER HYDERABAD DATED 13 TH NOVEM BER 2 01 9 TNMM M/S. PRAG DISTILLERY PRIVATE LIMITED : - 3 - : COPY TO : 1. DEPUTY COMMISSIONER OF INCOME TAX INTERNATIONAL TAXATION - 2 HYDERABAD. 2 . M/S. PRAG DISTILLERY PRIVATE LIMITED FLAT NO.109 RELIANCE RESIDENCY INDIRA PARK ROAD OPP:NTR STADIUM ASHOK NAGAR HYDERABAD . 3 . C I T (APPEALS) - 8 HYDERABAD. 4 . CIT( TDS ) - HYDERABAD. 5 . D.R. ITAT HYDERABAD. 6 . GUARD FILE.