ITO, Ward-6(5), Hyderabad, Hyderabad V. K. Chandrakala, Hyd, Hyderabad

CO 78/HYD/2015

• Counselvise Citation: [2016] 123 COUNSELVISE.COM (IT) 2167 (ITAT-HYDERABAD)
• Duration Of Justice: 2 month(s) 10 day(s)
• Appeal Type: Cross Objection
• Pronouncement Date: 02-03-2016
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 24-02-2016
• Assessment Year: 2009-2010
• Appeal Filed On: 23-12-2015
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: B KURMI NAIDU
• Assessee Lawyers: MALLAH RAO
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH B, HYDERABAD BEFORE SMT. P. MADHAVI DEVI, JUDICIAL MEMBER AND SHRI S. RIFAUR RAHMAN, ACCOUNTANT MEMBER ITA NO. 1291/HYD/2015 ASSESSMENT YEAR: 2009-10 INCOME-TAX OFFICER, WARD 6(5), HYDERABAD VS. K. CHANDRAKALA, HYDERABAD PAN AAYPK8761E (APPELLANT) (RESPONDENT) C.O. NO. 78/HYD/2015 (IN ITA NO. 1291/HYD/2015 ASSESSMENT YEAR: 2009-10) K. CHANDRAKALA, HYDERABAD PAN AAYPK8761E VS. INCOME-TAX OFFICER, WARD 6(5), HYDERABAD (CROSS OBJECTOR) (RESPONDENT) REVENUE BY : SHRI B. KURMI NAIDU ASSESSEE BY : SHRI MALLAH RAO DATE OF HEARING 02-03-2016 DATE OF PRONOUNCEMENT 02-03-2016 O R D E R PER S. RIFAUR RAHMAN, A.M.: THIS APPEAL IS PREFERRED BY THE REVENUE AGAINST TH E ORDER OF THE LEARNED COMMISSIONER OF INCOME-TAX(APPEALS) V I, HYDERABAD, DATED 15.09.2015, FOR THE AY 2009-10. THE ASSESSEE ALSO FILED C.O. AGAINST THE SAID ORDER OF THE CIT(A). 2. AT THE TIME OF HEARING, THE LD. COUNSEL FOR THE ASSESSEE, SHRI MALLAHA RAO SUBMITTED THAT THE TAX EFFECT IN THIS A PPEAL IS LESS THAN 2 ITA NO. 1291 /HYD/2015 K. CHANDRAKALA RS. 10 LAKHS AND THEREFORE, REVENUES APPEAL IS LIA BLE TO BE DISMISSED IN VIEW OF CBDT CIRCULAR NO.21/2015 DATED 10 TH DECEMBER, 2015. THIS CIRCULAR REGARDING THE PECUNIARY LIMIT F OR PREFERRING THE APPEAL BEFORE THE ITAT BY THE REVENUE HAS NOW STATU TORY FORCE UNDER SEC. 268A OF THE INCOME-TAX ACT, 1961. ON GOING THR OUGH THE ASSESSMENT ORDER, WE FIND THAT THE TOTAL INCOME AS SESSED BY THE A.O. IS AT RS. 94,23,172/- AND THE TAX EFFECT INVOLVED I N THIS APPEAL FILED BY THE REVENUE IS LESS THAN RS. 10 LAKHS AND THIS POSI TION HAS NOT BEEN DISPUTED BY THE LEARNED DR. THEREFORE, WE ARE SATI SFIED THAT THE TAX EFFECT IN THIS APPEAL IS LESS THAN RS.10 LAKHS. 3. THE CBDT VIDE CIRCULAR NO.21/2015 DATED 10 TH DECEMBER, 2015 HAS FIXED THE MONETARY LIMIT FOR FILING OF APPEALS BEFORE THE TRIBUNAL, HONBLE HIGH COURT AND HONBLE SUPREME COURT RESPEC TIVELY. THE MONETARY LIMIT FIXED FOR FILING OF APPEAL BEFORE TH E TRIBUNAL IS RS.10 LAKHS AND IT IS ALSO CLARIFIED THAT THE TAX EFFECT MEANS THE DIFFERENCE BETWEEN THE TAX ON THE TOTAL INCOME ASSESSED AND TH E TAX THAT WOULD HAVE BEEN CHARGEABLE ON SUCH TOTAL INCOME BEING RED UCED BY THE AMOUNT OF INCOME IN RESPECT OF THE ISSUES AGAINST W HICH, APPEAL IS INTENDED TO BE FILED AND ALSO THAT THE TAX WILL NOT INCLUDE ANY INTEREST THEREON, EXCEPT WHERE CHARGEABILITY OF INTEREST ITS ELF IS IN DISPUTE. PARA-10 OF THE INSTRUCTION ALSO CLARIFIES THAT THE INSTRUCTION WILL APPLY RETROSPECTIVELY TO PENDING APPEALS AND APPEALS TO B E FILED HENCEFORTH IN THE HIGH COURTS/TRIBUNAL AND HAS DIRECTED THE DE PARTMENT TO EITHER WITHDRAW OR NOT PRESS THE APPEALS BELOW THE SPECIFI ED TAX LIMITS. DULY TAKING NOTE OF THE CBDT CIRCULAR NO.21/2015 DATED 1 0 TH DECEMBER, 2015, WE DISMISS THE APPEAL OF THE REVENUE WITH THE LIBERTY TO THE REVENUE TO SEEK RECALL OF THIS ORDER IF THIS CASE F ALLS WITHIN ANY OF THE EXCEPTIONS TO THE CBDT CIRCULAR MENTIONED THEREIN. 4. AS WE HAVE DISMISSED THE APPEAL OF THE REVENUE, THE C.O. FILED BY THE ASSESSEE BECOMES INFRUCTUOUS, THEREFORE, THE SAME IS DISMISSED AS INFRUCTUOUS. 3 ITA NO. 1291 /HYD/2015 K. CHANDRAKALA 5. IN THE RESULT, APPEAL OF THE REVENUE AND THE C. O. OF THE ASSESSEE ARE DISMISSED. PRONOUNCED IN THE OPEN COURT ON 2 ND MARCH, 2016. SD/- SD/- (P. MADHAVI DEVI) (S. RIFAUR RAHM AN) JUDICIAL MEMBER A CCOUNTANT MEMBER HYDERABAD, DATED: 2 ND MARCH, 2016 KV COPY TO:- 1) THE ITO, WARD 6(5), 7 TH FLOOR, D BLOCK, IT TOWERS, MASAB TANK, HYDERABAD 2) SMT. K. CHANDRAKALA, 8-3-165/B/2/1, GOKUL COMPOU ND, ERRAGADDA, HYDERABAD. 3 CIT(A) - VI, HYDERABAD 4) PR. CIT 6, HYDERABAD 5) THE DEPARTMENTAL REPRESENTATIVE, I.T.A.T., HYDE RABAD.