ITO, Ward-11(5), Hyd, Hyderabad V. Mohd. Saber, Hyd, Hyderabad

CO 61/HYD/2015

• Counselvise Citation: [2016] 123 COUNSELVISE.COM (IT) 1930 (ITAT-HYDERABAD)
• Duration Of Justice: 3 month(s) 16 day(s)
• Appeal Type: Cross Objection
• Pronouncement Date: 28-01-2016
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 28-01-2016
• Assessment Year: 2007-2008
• Appeal Filed On: 12-10-2015
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: M SITARAM
• Assessee Lawyers: K VIJAYALAKSHMI
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCHES A : HYDERABAD BEFORE SMT. P. MADHAVI DEVI, JUDICIAL MEMBER AND SHRI B. RAMAKOTAIAH, ACCOUNTANT MEMBER ITA.NO.413/HYD/2015 ASSESSMENT YEAR 2007-2008 THE INCOME TAX OFFICER, WARD-11(5), HYDERABAD. VS. MR. MOHD. SABER, HYDERABAD. PAN AFDPM3811K (APPELLANT) (RESPONDENT) CROSS OBJECTION NO.61/HYD/2015 ARISING OUT OF ITA.NO.413/HYD/2015 - ASSESSMENT YEAR 2007-2008 MR. MOHD. SABER, HYDERABAD. PAN AFDPM3811K VS. THE INCOME TAX OFFICER, WARD-11(5), HYDERABAD. ( CROSS - OBJECTOR ) (RESPONDENT) FOR REVENUE : MR. M. SITARAM FOR ASSESSEE : SMT. K. VIJAYALAKSHMI DATE OF HEARING : 28 .01.2016 DATE OF PRONOUNCEMENT : 28 .01.2016 ORDER PER SMT. P. MADHAVI DEVI, J.M. THIS APPEAL IS FILED BY THE REVENUE FOR THE A.Y. 2007-08 AND THE CROSS OBJECTION IS FILED BY THE ASS ESSEE AGAINST THE ORDER OF THE LD. CIT(A)-V, HYDERABAD DA TED 29.12.2014. 2 ITA.NO.413/HYD/2015 MR. MOHD. SABER, HYDERABAD. 2. AT THE TIME OF HEARING, THE LD. D.R. MR. M. SITARAM, SUBMITTED THAT THE TAX EFFECT IN THIS APPE AL IS LESS THAN RS. 10 LAKHS AND THEREFORE, REVENUES APP EAL IS LIABLE TO BE DISMISSED IN VIEW OF CBDT CIRCULAR NO.21/2015 DATED 10 TH DECEMBER, 2015, WHICH FACT IS CONFIRMED BY THE LD. COUNSEL FOR THE ASSESSEE. THE LD. COUNSEL FOR THE ASSESSEE SUBMITTED THAT THE CROSS OBJECTION IS AGAINST THE MERITS OF THE ADDITION CON FIRMED BY THE CIT(A), BUT IF THE REVENUES APPEAL IS DISMI SSED ON THE GROUND OF TAX EFFECT BEING LESS THAN RS.10 LAKH S, THEN THE ASSESSEE DOES NOT WISH TO PURSUE HIS CROSS OBJE CTION. THUS, THE REVENUES APPEAL IS TAKEN-UP FOR CONSIDER ATION FIRST. 3. ON PERUSAL OF THE CBDT CIRCULAR NO.21/2015 DATED 10 TH DECEMBER, 2015, WE FIND THAT THE CBDT HAS FIXED THE MONETARY LIMIT FOR FILING OF APPEALS BEFO RE THE TRIBUNAL, HONBLE HIGH COURT AND HONBLE SUPREME CO URT RESPECTIVELY. THE MONETARY LIMIT FIXED FOR FILING O F APPEAL BEFORE THE TRIBUNAL IS RS.10 LAKHS AND IT IS ALSO C LARIFIED THAT THE TAX EFFECT MEANS THE DIFFERENCE BETWEEN TH E TAX ON THE TOTAL INCOME ASSESSED AND THE TAX THAT WOULD HAVE BEEN CHARGEABLE ON SUCH TOTAL INCOME BEING REDUCED BY THE AMOUNT OF INCOME IN RESPECT OF THE ISSUES AGAIN ST WHICH, APPEAL IS INTENDED TO BE FILED AND ALSO THAT THE TAX WILL NOT INCLUDE ANY INTEREST THEREON, EXCEPT WHERE CHARGEABILITY OF INTEREST ITSELF IS IN DISPUTE. PAR A-10 OF THE INSTRUCTION ALSO CLARIFIES THAT THE INSTRUCTION WIL L APPLY RETROSPECTIVELY TO PENDING APPEALS AND APPEALS TO B E FILED 3 ITA.NO.413/HYD/2015 MR. MOHD. SABER, HYDERABAD. HENCEFORTH IN THE HIGH COURTS/TRIBUNAL AND HAS DIRE CTED THE DEPARTMENT TO EITHER WITHDRAW OR NOT PRESS THE APPEALS BELOW THE SPECIFIED TAX LIMITS. DULY TAKING NOTE OF THE CBDT CIRCULAR NO.21/2015 DATED 10 TH DECEMBER, 2015, WE DISMISS THE APPEAL OF THE REVENUE WITH LIB ERTY TO THE REVENUE TO SEEK RECALL OF THIS ORDER IF THIS AP PEAL FALLS WITHIN ANY OF THE EXCEPTIONS PROVIDED IN THE CIRCUL AR. SINCE THE APPEAL OF THE REVENUE IS DISMISSED, THE C ROSS OBJECTIONS FILED BY THE ASSESSEE ALSO IS DISMISSED WITH THE LIBERTY TO THE ASSESSEE TO SEEK RECALL OF THE ORDER IN THE CROSS OBJECTION IF THE REVENUE APPEAL IS RECALLED F OR THE REASONS MENTIONED IN THE ABOVE PARAGRAPH. THEREFORE , THE CROSS OBJECTION OF THE ASSESSEE IS ALSO DISMISSED. 4. IN THE RESULT, APPEAL OF THE REVENUE AND THE CROSS OBJECTION OF THE ASSESSEE ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 28.0 1.2016. SD/- SD/- (B. RAMAKOTAIAH) (SMT. P. MADHAVI DEVI) ACOUNTANT MEMBER JUDICIALMEMBER HYDERABAD, DATED 28 TH JANUARY, 2016 VBP/- COPY TO : 1. THE INCOME TAX OFICER, WARD - 11(5), HYDERABAD. 2. MR. MOHD SABER, H.NO.5 - 6 - 75/A, DARYAGUDA, KUKATPALLY, HYDERABAD. 3. COMMISSIONER OF INCOME TAX (APPEALS) - V , 6A, I.T. TOWERS, A.C. GUARDS, HYDERABAD 500 004. 4. CIT - V , HYDERABAD. 5. D.R. ITAT A BENCH, HYDERABAD. 6. GUARD FILE