Sri Gulab Chand Jain, Hyderabad V. DCIT, Central Circle-4, Hyderabad

CO 20/HYD/2011

• Counselvise Citation: [2012] 122 COUNSELVISE.COM (IT) 7671 (ITAT-HYDERABAD)
• Duration Of Justice: 1 year(s) 3 month(s) 29 day(s)
• Appeal Type: Cross Objection
• Pronouncement Date: 07-08-2012
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 11-07-2011
• Assessment Year: 2006-2007
• Appeal Filed On: 08-04-2011
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: RAO
• Assessee Lawyers: A V RAGHURAM
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH B, HYDERABAD BEFORE SMT. ASHA VIJAYARAGHAVAN, JUDICIAL MEMBER AND SHRI D.KARUNAKARA RAO, ACCOUNTANT MEMBER ITA NO.191/HYD/2011 : ASSESSMENT YEAR 2006- 07 DY. COMMISSIONER OF INCOME - TAX CENTRAL CIRCLE 4, HYDERABAD (APPELLANT) V/S SHRI GULAB CHAND JAIN, HYDERABAD (PAN - ACCLP 8504 B ) (RESPONDENT) CROSS OBJECTION NO.20/HYD/2011 ( IN ITA NO.191/HYD/2011) : ASSESSMENT YEAR 2006-07 SHRI GULAB CHAND JAIN, HYDERABAD V/S. DY. COMMI SSIONER OF INCOME- TAX CENTRAL CIRCLE 4, HYDERABAD (PAN - ACCLP 8504 B ) (CROSS OBJECTOR) (RESPOND ENT) ASSESSEE BY : SHRI A.V.RAGHURAM DEPARTMENT BY : SHRI M.S.RAO DATE OF HEARING 0 7 . 08 .2012 DATE OF PRONOUNCEMENT 07.08.2012 O R D E R PER D.KARUNAKARA RAO, ACCOUNTANT MEMBER: THIS APPEAL BY THE REVENUE AND CROSS-OBJECTION BY THE ASSESSEE ARE DIRECTED AGAINST THE ORDER OF THE CIT( A) VII, HYDERABAD DATED 16.11.2010 FOR THE ASSESSMENT YEAR 2006-07. REVENUES APPEAL: ITA NO.191/HYD/2011 2. THE ONLY EFFECTIVE GRIEVANCE OF THE REVENUE IN ITS APPEAL IS AGAINST THE ACTION OF THE CIT(A) IN GRANTING RELIEF TO THE ASSESSEE IN RESPECT OF THE ADDITION OF RS.8,24,972 MADE BY THE ASSESSING OFFICER ON ACCOUNT OF ASSESSEES INCOME FROM GIRVY BUSINESS. ITA NO.191/HYD/2011 & CO 20/HYD/2011 SHRI GULOAB CHAND JAIN, HYDERABAD 2 3. WE HAVE HEARD THE PARTIES. IT IS AN UNDISPUTED FACT THAT THE TAX EFFECT IN THIS APPEAL OF THE REVENUE IS LESS TH AN RS.3 LAKHS. IN VIEW OF THE INSTRUCTION NO.3 OF 2011 [F. NO. 279/MISC. 142/ 2007-ITJ], DATED 9 TH FEBRUARY, 2011 ISSUED BY THE CBDT, WE FIND THE PRES ENT APPEAL OF THE REVENUE INVOLVING TAX EFFECT OF LESS THAN RS.3-LAKH S, IS NOT MAINTAINABLE. ACCORDINGLY THIS APPEAL OF THE REVENUE IS DISMISSED IN LIMINE. 4. IN THE RESULT, APPEAL OF THE ASSESSEE IS DISMI SSED IN LIMINE ASSESSEES CROSS-OBJECTION 5. AT THE TIME OF HEARING, THE LEARNED COUNSEL FOR THE ASSESSEE DID NOT PRESS THE GROUNDS RAISED IN THE CROSS-OBJE CTION OF THE ASSESSEE, WHICH EVEN OTHERWISE HAVE BECOME INFRUCTUOUS ON ACC OUNT OF NON- MAINTAINABLE NATURE OF THE REVENUES APPEAL. CONS EQUENTLY, ASSESSEES CROSS-OBJECTION IS ALSO DISMISSED. 6. TO SUM UP, IN THE RESULT, REVENUES APPEAL AS W ELL AS ASSESSEES CROSS-OBJECTION ARE DISMISSED. ORDER PRONOUNCED IN THE COURT ON 7.8.2012 SD/- SD/- ( ASHA VIJAYARAGHAVAN ) (D.KARUNAKARA RAO) JUDICIAL MEMBER. ACCOUNTANT MEMBER. DT/- 7TH AUGUST, 2012 ITA NO.191/HYD/2011 & CO 20/HYD/2011 SHRI GULOAB CHAND JAIN, HYDERABAD 3 COPY FORWARDED TO: 1. SHRI GULAB CHAND JAIN, 5 - 5 - 670/4, MALAKUNTA , HYDERABAD HYDERABAD 2. 3. DY. COMMISSIONER OF INCOME-TAX CENTRAL CIRCLE 4, HYDERABAD COMMISSIONER OF INCOME-TAX(APPEALS) VII, HYDERABAD 4. COMMISSIONER OF INCOME - TAX CENTRAL , HYDERABAD 5. DEPARTMENTAL REPRESENTATIVE ITAT, HYDERABAD B.V.S.