DCIT, Central Circle-3, Hyd, Hyderabad V. Lingam Ravindra Rao, Vijayawada, Hyderabad

CO 29/HYD/2016

• Counselvise Citation: [2016] 112 COUNSELVISE.COM (IT) 4123 (ITAT-HYDERABAD)
• Duration Of Justice: 1 month(s) 3 day(s)
• Appeal Type: Cross Objection
• Pronouncement Date: 20-07-2016
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB-A
• Assessment Year: 2009-2010
• Appeal Filed On: 16-06-2016
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: K J RAO
• Assessee Lawyers: M CHANDRAMOULESWARA RAO
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCHES B (SMC) : HYDERABAD BEFORE SHRI D. MANMOHAN, VICE PRESIDENT ITA.NO.1176/HYD/2013 ASSESSMENT YEAR 2009-2010 DCIT, CENTRAL CIRCLE-3 HYDERABAD. VS. MR. LINGAM RAVINDRA RAO VIJAYAWADA. PAN AAMPL1674R (APPELLANT) (RESPONDENT) CROSS OBJECTION NO.29/HYD/2016 ARISING OUT OF ITA.NO.1176/HYD/2013 - ASSESSMENT YEAR 2009-2010 MR. LINGAM RAVINDRA RAO VIJAYAWADA. PAN AAMPL1674R VS. DCIT, CENTRAL CIRCLE-3 HYDERABAD. (APPELLANT) (RESPONDENT) FOR REVENUE : MR. K.J. RAO FOR ASSESSEE : MR. M. CHANDRAMOULESWARA RAO DATE OF HEARING : 21.06.2016 DATE OF PRONOUNCEMENT : 20.07.2016 ORDER THE APPEAL FILED BY THE REVENUE AND THE CROSS- OBJECTIONS FILED BY THE ASSESSEE ARE DIRECTED AGAIN ST THE ORDER PASSED BY THE CIT(A)-V, HYDERABAD. 2. AT THE TIME OF HEARING, LD. COUNSEL FOR THE ASS ESSEE, FILED COMPUTATION SHEET TO SHOW THAT THE TAX EFFECT IN REVENUES APPEAL IS LESS THAN RS.10 LAKHS. IN THE LIGHT OF CI RCULAR ISSUED BY THE CBDT VIDE NO.21/2015 DATED 10 TH DECEMBER, 2015 BEARING 2 ITA.NO.1176/H/2013 & CO.NO.29/H/2016 MR. LINGAM RAVINDRA RAO, VIJAYAWADA. F.NO.279/MISC.142/2007-ITI(PT), THE REVENUE IS DUTY BOUND TO WITHDRAW ITS APPEAL IF THE TAX EFFECT IS LESS THAN RS. 10 LAKHS UNLESS IT FALLS UNDER ANY OF THE EXCEPTIONAL CLAUSES STATE D IN THE SAID CIRCULAR. ACCORDING TO HIM, THE APPEAL FILED BY THE REVENUE SHOULD NOT BE ADMITTED. THE LD. D.R. FAIRLY ADMITTED THAT THE TAX EFFECT IS LESS THAN RS.10 LAKHS AND THE CASE DO NOT FALL WITH IN IN ANY OF THE EXCEPTIONS IN THE CBDT CIRCULAR. UNDER THESE CIRCUM STANCES, I DISMISS THE APPEAL FILED BY THE REVENUE AS UN-ADMIT TED/ WITHDRAWN. 3. BY WAY OF CROSS-OBJECTION, THE ASSESSEE CHALLEN GED THE ORDER PASSED BY THE A.O. AS WELL AS THE CIT(A) ON T HE GROUND THAT ORDER WAS MADE IN VIOLATION OF THE PROVISIONS OF SE CTIONS 127 AND 129 OF THE I.T. ACT, 1961. AT THE TIME OF HEARING, LD. COUNSEL FOR THE ASSESSEE SUBMITTED THAT IN THE EVENT OF DISMISSAL O F THE REVENUES APPEAL, IN VIEW OF LOW TAX EFFECT, HE IS NOT INTERE STED IN PURSUING THE CROSS-OBJECTION FILED BY THE ASSESSEE AND HE HAS TA KEN PERMISSION FROM THE ASSESSEE IN THAT REGARD. UNDER THESE CIRCU MSTANCES, THE CROSS-OBJECTIONS FILED BY THE ASSESSEE ARE DISMISSE D. 4. IN THE RESULT, APPEAL OF THE REVENUE AS WELL AS THE CROSS- OBJECTIONS OF THE ASSESSEE ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 20.07.2016. SD/- (D. MANMOHAN) VICE PRESIDENT HYDERABAD DATED 20 TH JULY, 2016 VBP/- 3 ITA.NO.1176/H/2013 & CO.NO.29/H/2016 MR. LINGAM RAVINDRA RAO, VIJAYAWADA. COPY TO 1. DCIT, CENTRAL CIRCLE-3, 8 TH FLOOR, AAYAKAR BHAVAN, BASHEERBAGH, HYDERABAD. 2. MR. LINGAM RAVINDRA RAO, 64-9-2, SBH COMPLEX, PATAMATA LANKA, VIJAYAWADA. 3. CIT(A)-V, HYDERABAD. 4. CIT (CENTRAL), HYDERABAD. 5. D.R. ITAT B (SMC)BENCH, HYDERABAD. 6. GUARD FILE