DCIT, Circle-16(1), Hyderabad V. Sri N. Nageswara Rao, Hyderabad

ITA 1129/HYD/2012

• Counselvise Citation: [2012] 140 COUNSELVISE.COM (IT) 66427 (ITAT-HYDERABAD)
• Duration Of Justice: 3 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 07-11-2012
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2005-2006
• Appeal Filed On: 27-07-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: M H NAIK
• Assessee Lawyers: D BALAJI
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH A', HYDERABAD BEFORE SHRI CHANDRA POOJARI, ACCOUNTANT MEMBER AND SMT. ASHA VIJAYARAGHAVAN, JUDICIAL MEMBER I.T.A. NO. 1129/HYD/2012 ASSESSMENT YEAR 2005-06 THE DY. CIT CIRCLE-16(1) HYDERABAD V. SRI N. NAGESWARA RAO HYDERABAD PAN: ABFPN1349F APPELLANT RESPONDENT APPELLANT BY: SRI M.H. NAIK RESPONDENT BY: SRI D. BALAJI DATE OF HEARING: 07.11.2012 DATE OF PRONOUNCEMENT: 07.11.2012 O R D E R PER CHANDRA POOJARI, AM: THIS APPEAL BY THE REVENUE IS DIRECTED AGAINST THE ORDER OF THE CIT(A)-V, HYDERABAD DATED 28 TH MAY 2012 FOR A.Y. 2005-06. 2. THE REVENUE RAISED THE FOLLOWING GROUNDS OF APPEAL: A) THE CIT(A) ERRED IN GRANTING RELIEF TO THE ASSESSEE BY ALLOWING THE CLAIM OF DEDUCTION UNDER SEC. 80IB(11A ) OF THE IT ACT, 1961 BOTH ON FACTS AND CIRCUMSTANCES OF THE CASE. B) THE CIT(A) OUGHT TO HAVE CONSIDERED THE FINDINGS OF THE ASSESSING OFFICER THAT THE ASSESSEE INDIVIDUAL DOES NOT FALL UNDER THE CATEGORY OF 'UNDERTAKING' FOR TH E PURPOSE OF CLAIM OF EXEMPTION UNDER SEC. 80IB(11A) OF THE IT ACT, 1961. 3. AFTER HEARING BOTH THE PARTIES, WE ARE OF THE OPINI ON THAT THE TAX EFFECT INVOLVED IN THIS APPEAL IS LESS THAN RS. 3 L AKHS. BEING SO, IN VIEW OF THE INSTRUCTION NO. 3 OF 2011 (F. NO. 279/MISC. 142/2007-ITJ), DATED 9TH FEBRUARY, 2011 ISSUED BY THE CBDT, THE PRESENT APPEAL OF THE REVENUE INVOLVING TAX EFFECT OF LESS THAN RS. 3 LAK HS IS NOT MAINTAINABLE BEFORE THIS TRIBUNAL AND ACCORDINGLY THE SAME IS DI SMISSED IN LIMINE WITHOUT ADMITTING THE SAME. I.T.A. NO. 1129/HYD/2012 SRI N. NAGESWARA RAO ==================== 2 4. IN THE RESULT, APPEAL OF THE REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 7 TH NOVEMBER, 2012. SD/ - ( ASHA VIJAYARAGHAVAN ) JUDICIAL MEMBER SD/ - (CHANDRA POOJARI) ACCOUNTANT MEMBER HYDERABAD, DATED 7 TH NOVEMBER, 2012 TPRAO COPY FORWARDED TO: 1. THE DY. CIT , CIRCLE - 16(1), ROOM NO. 612, 6 TH FLOOR, AAYAKAR BHAVAN, BASHEERBAGH, HYDERABAD. 2. SRI N. NAGESWARA RAO, 8 - 2 - 120/ 86/A/10, ROAD NO. 2, BANJARA HILLS, HYDERABAD. 3. THE CIT(A) - V , HYDERABAD. 4. THE CIT - I V , HYDERABAD. 5. THE DR A BENCH, ITAT, HYDERABAD