D.S. Anand Babu (HUF), Hyderabad V. The ACIT Central Circle, Tirupathi

CO 53/HYD/2010

• Counselvise Citation: [2010] 122 COUNSELVISE.COM (IT) 5490 (ITAT-HYDERABAD)
• Duration Of Justice: 2 month(s) 24 day(s)
• Appeal Type: Cross Objection
• Pronouncement Date: 15-12-2010
• Appeal Filed By: Assessee
• Bench Allotted: B
• Next Hearing Date: 15-12-2010
• Assessment Year: 2002-2003
• Appeal Filed On: 21-09-2010
• Court: TRIBUNAL
• Department Lawyers: S RAMA RAO
• Assessee Lawyers: VASUNDHARA SINHA
• Keywords: Gift; Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH B', HYDERABAD BEFORE SHRI N.R.S. GANESAN, JUDICIAL MEMBER AND SHRI CHANDRA POOJARI, ACCOUNTANT MEMBER I.T.A. NO. 1112/HYD/2010 (ASSESSMENT YEAR 2002-03) ASST. COMMISSIONER OF INCOME- TAX, CENTRAL CIRCLE, TIRUPATI VS. DR. D.S. ANAND BABU, MADANAPALLI PAN: ABHPD1823G APPELLANT RESPONDENT C.O. NO. 53/HYD/2010 ARISING OUT OF I.T.A. NO. 1112/HYD/2010 (ASSESSMENT YEAR 2002-03) DR. D.S. ANAND BABU, MADANAPALLI PAN: ABHPD1823G VS. ASST. COMMISSIONER OF INCOME- TAX, CENTRAL CIRCLE, TIRUPATI APPELLANT RESPONDENT ASSESSEE BY: SMT. VASUNDHARA SINHA REVENUE BY: SHRI S. RAMA RAO O R D E R PER NRS GANESAN, JM: THE REVENUE FILED THE APPEAL AGAINST THE ORDER OF THE CIT(A), TIRUPATI DATED 25.5.2010 FOR A.Y. 2003-03 AND THE A SSESSEE HAS FILED THE CROSS OBJECTION AGAINST THE VERY SAME ORDER. T HEREFORE, WE HEARD THE APPEAL AND THE CO TOGETHER AND DISPOSING OF THE SAME BY THIS COMMON ORDER. 2. DURING THE COURSE OF HEARING SMT. VASUNDHARA SIN GH, THE LEARNED DR, VERY FAIRLY CONCEDED THAT THE TAX EFFEC T INVOLVED IN THIS APPEAL IS LESS THAN RS.2 LAKHS. WE HAVE ALSO CAREF ULLY GONE THROUGH THE ORDER OF THE LOWER AUTHORITY AND THE ONLY DISPU TE IS WITH REGARD TO THE ADDITION OF RS.1,50,000 SAID TO BE RECEIVED BY THE ASSESSEE AS GIFT. THEREFORE, THE TAX EFFECT INVOLVED IN THIS APPEAL I S LESS THAN RS.2 LAKHS. I.T.A. NO.1112 & CO NO. 53/ HYD/2010 DR. D.S. ANAND BABU, MADANAPALLI ============================= 2 IN VIEW OF THE CIRCULAR OF CBDT, THE APEX ADMINISTR ATIVE BODY OF DIRECT TAXES ADMINISTRATION THE DEPARTMENT OUGHT NOT TO HA VE FILED THE APPEAL BEFORE THIS TRIBUNAL. SINCE THE APPEAL IS ADMITTED LY FILED CONTRARY TO THE INSTRUCTION GIVEN BY THE CBDT, IN OUR OPINION, THE APPEAL IS NOT MAINTAINABLE BEFORE THIS TRIBUNAL. THE ASSESSEE HA S FILED THE CO ONLY TO SUPPORT THE ORDER OF THE CIT(A). THEREFORE, THE CO IS ALSO NOT MAINTAINABLE. 3. IN VIEW OF THE ABOVE, BOTH THE APPEAL OF THE REV ENUE AND THE CO OF THE ASSESSEE ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 15TH DECEMBER, 2010. SD/- (CHANDRA POOJARI) ACCOUNTANT MEMBER SD/- (N.R.S. GANESAN) JUDICIAL MEMBER HYDERABAD, DATED 15TH DECEMBER, 2010 TPRAO COPY FORWARDED TO: 1. THE ASST. CIT, CENTRAL CIRCLE, K.T. ROAD, TIRUPA TI. 2. DR. D.S. ANAND BABU, C/O. SRI SATYA SAI HOSPITAL S, CTM ROAD, MADANAPALLI, ANDHRA PRADESH. 3. THE CIT(A), TIRUPATI. 4 THE CIT (CENTRAL, HYDERABAD 5. THE DR B BENCH, ITAT, HYDERABAD