Asst. Commissioner of Income Tax, Circle-1, Nellore V. Sri Lanka Rama Siva Reddy, Nellore

ITA 1041/HYD/2012

• Counselvise Citation: [2012] 140 COUNSELVISE.COM (IT) 66366 (ITAT-HYDERABAD)
• Duration Of Justice: 3 month(s) 12 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 17-10-2012
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2009-2010
• Appeal Filed On: 05-07-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: M H NAIK
• Assessee Lawyers: R V SESHAIAH NAIDU
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH A, HYDERABAD BEFORE SHRI CHANDRA POOJARI, ACCOUNTANT MEMBER AND SHRI SAKTIJIT DEY, JUDICIAL MEMBER. ITA NO.1041/HYD/2012 : ASSESSMENT Y EAR 2009-10 ASSTT. COMMISSIONER OF INCOME- TAX CIRCLE 1 NELLORE. V/S SHRI LANKA RAMA SIVA REDDY, NELLORE. (PAN - AABFG 5865 H) (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI M.H.NAIK RESPONDENT BY : SHRI R.V.SESHAIAH NAIDU DATE OF HEARING 17 10.2012 DATE OF PRONOUNCEMENT 17.10.2012 O R D E R PER SAKTIJIT DEY, JUDICIAL MEMBER: THIS APPEAL BY THE REVENUE IS DIRECTED AGAINST TH E ORDER OF THE COMMISSIONER OF INCOME-TAX(APPEALS) GUNTUR DATE D 9.5.2012 FOR THE ASSESSMENT YEAR 2009-10. 2. WE HAVE HEARD THE RIVAL SUBMISSIONS AND PER USED THE MATERIAL ON RECORD, IN THE LIGHT OF THE ISSUES INVO LVED IN THE GROUNDS RAISED BY THE REVENUE IN THIS APPEAL. WE FIND THAT THE TAX EFFECT IN INVOLVED IN THIS APPEAL OF THE REVENUE IS LESS THA N RS.3 LAKHS, AND CONSEQUENTLY, IN VIEW OF THE INSTRUCTION NO.3 OF 20 11 [F. NO. 279/MISC. 142/2007-ITJ], DATED 9 TH FEBRUARY, 2011 ISSUED BY THE CBDT, THE PRESENT APPEAL OF THE REVENUE INVOLVING TAX EFFECT OF LESS THAN RS.3-LAKHS, IS NOT MAINTAINABLE. IN THIS OF THE MATTER, WE DISMISS T HE APPEAL OF THE REVENUE IN LIMINE, 3. IN THE RESULT, APPEAL OF THE REVENUE IS DISMIS SED IN LIMINE ITA NO.1041/HYD/2012 SHRI LANKA RAMA SIVA REDDY, NELLORE. 2 ORDER PRONOUNCED IN THE COURT AT THE CONCLUSION OF HEARING ON 17.10.2012 SD/- SD/- ( CHANDRA POOJARI ) (SAKTIJIT DEY) ACCOUNTANT MEMBER. JUDICIAL MEMBER. DT/- 17 TH OCTOBER, 2012 COPY FORWARDED TO: 1. SHRI LANKA RAMA SIVA REDDY, PLOT NO.68, RITWIK ENCL AVE, A.K. NAGAR, NELLORE. 2. ASSTT. COMMISSIONER OF INCOME - TAX CIRCLE 1, NELLORE. 3. 4. COMMISSIONER OF INCOME - TAX(APPEALS) GUNTUR COMMISSIONER OF INCOME-TAX, GUNTUR 5 . THE DEPARTMENTAL REPRESENTATIVE, ITAT HYDERABAD B.V.S.