Asst. CIT, Circle -2(1), Tirupathi V. Sri. Vishnu Cement Ltd (Merged with Zuari Cement Limited, Kadapa

CO 14/HYD/2013

• Counselvise Citation: [2013] 122 COUNSELVISE.COM (IT) 8520 (ITAT-HYDERABAD)
• Duration Of Justice: 2 month(s) 4 day(s)
• Appeal Type: Cross Objection
• Pronouncement Date: 10-05-2013
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: misc
• Appeal Filed On: 06-03-2013
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: M H NAIK
• Assessee Lawyers: A C GANGAIAH
• Keywords: Additional evidence; Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNA L HYDERABAD BENCH A', HYDERABAD BEFORE SHRI CHANDRA POOJARI, ACCOUNTANT MEMBER AND SMT. ASHA VIJAYARAGHAVAN, JUDICIAL MEMBER ITA NO. 9/HYD/2013 ASSESSMENT YEAR 1998-99 THE DEPUTY CIT CIRCLE-2(1) TIRUPATI VS. M/S. SRI VISHNU CEMENTS LTD., YERRAGUNTLA PAN: AADCS4055M APPELLANT RESPONDENT C.O. NO. 14/HYD/2013 IN ITA NO. 9/HYD/2013 ASSESSMENT YEAR 1998-99 M/S. SRI VISHNU CEMENTS LTD., YERRAGUNTLA PAN: AADCS4055M VS. THE DEPUTY CIT CIRCLE-2(1) TIRUPATI APPELLANT RESPONDENT REVENUE BY: SRI M.H. NAIK ASSESSEE BY: SRI A.C. GANGAIAH DATE OF HEARING: 17.04.2013 DATE OF PRONOUNCEMENT: 10.05.2013 O R D E R PER CHANDRA POOJARI, AM: APPEAL BY THE REVENUE AND THE CROSS OBJECTION (CO) BY THE ASSESSEE ARE DIRECTED AGAINST THE ORDER OF T HE CIT(A), GUNTUR DATED 12.10.2012 FOR A.Y. 1998-99. 2. THE REVENUE RAISED THE GROUND WITH REGARD TO ADMISSION OF ADDITIONAL EVIDENCE BY VIOLATING RULE 46A OF INCOME-TAX RULES, 1962 WITH REGARD TO DELETION OF A DDITION OF PROVISION FOR LEAVE ENCASHMENT. IT A NO. 9 & CO NO. 14/HYD/2013 M/S. SRI VISHNU CEMENTS LTD. ========================== 2 3. IN THIS CASE THE QUANTUM ADDITION RELATING TO PROVI SION FOR LEAVE ENCASHMENT IS MADE AT RS. 6,17,865. THE TAX EFFECT INVOLVED ON THIS AMOUNT IS LESS THAN RS. 3 LAKHS. BEING SO, IN VIEW OF THE INSTRUCTION NO. 3 OF 2011 (F. NO. 279/ MISC. 142/ 2007-ITJ), DATED 9TH FEBRUARY, 2011 ISSUED BY THE C BDT, THE PRESENT APPEAL OF THE REVENUE INVOLVING TAX EFFECT OF LESS THAN RS. 3 LAKHS IS NOT MAINTAINABLE BEFORE THIS TRIBUNA L AS THE DEPARTMENT IS PRECLUDED IN PURSUING AN APPEAL BEFOR E THIS TRIBUNAL WHERE TAX EFFECT IS LESSON THAN RS. 3 LAKH S AND ACCORDINGLY THE SAME IS DISMISSED IN LIMINE WITHOUT ADMITTING THE SAME. 4. AS WE HAVE DISMISSED THE REVENUE APPEAL, THE CO BY THE ASSESSEE BEING SUPPORTIVE OF THE CIT(A) ORDER, BECO MES INFRUCTUOUS AND DISMISSED AS INFRUCTUOUS. 5. IN THE RESULT, APPEAL OF THE REVENUE AND CO OF THE ASSESSEE ARE DISMISSED. ORDER PRONOUNCED IN OPEN COURT ON 10 TH MAY, 2013. SD/- (ASHA VIJAYARAGHAVAN) JUDICIAL MEMBER SD/ - (CHANDRA POOJARI) ACCOUNTANT MEMBER HYDERABAD, DATED 10 TH MAY, 2013 TPRAO COPY FORWARDED TO: 1. THE DEPUTY CIT, CIRCLE - 2(1), 2 ND FLOOR, AAYAKAR BHAVAN, KT ROAD, TIRUPATI. 2. M/S. SRI VISHNU CEMENTS LTD. (MERGED WITH ZUARI CEMENTS LTD.), KRISHNA NAGAR, YERRAGUNTLA, KADAPA DISTRICT, AP. 3. THE CIT(A), GUNTUR. 4. THE CIT, TIRUPATI 5. THE DR A' BENCH, ITAT, HYDERABAD.