ITO. Ward-7(4), Hyderabad V. Sri Sunil Kumar Rathi, Hyderabad

ITA 1165/HYD/2011

• Counselvise Citation: [2012] 140 COUNSELVISE.COM (IT) 59116 (ITAT-HYDERABAD)
• Duration Of Justice: 7 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 17-01-2012
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2007-2008
• Appeal Filed On: 16-06-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: T DIWAKAR PRASAD
• Assessee Lawyers: SIDDHARTH TOSHNIWAL
• 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. ITA NO.1165/HYD/2011 (ASSESSMENT YEAR 2007-08) INCOME - TAX OFFICER, WARD - 7(4), HYDERABAD. V/S. SHRI SUNIL KUMAR RATHI, HYDERABAD. (PAN- AANPR 1538 F ) (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI T.DIWAKAR PRASAD RESPONDENT BY : SHRI SIDDHARTH TOSHNIWAL DATE OF HEARING 17. 1.2012 DATE OF PRONOUNCEMENT 17.1.2012 O R D E R PER CHANDRA POOJARI, ACCOUNTANT MEMBER: THIS APPEAL BY THE REVENUE IS DIRECTED AGAINST TH E ORDER OF THE COMMISSIONER OF INCOME-TAX(APPEALS)-VI, HYDERABAD D ATED 3.3.2011, FOR THE ASSESSMENT YEAR 2007-08, WHEREBY THE CIT(A) HAS DELETED AN ADDITION OF RS.7,52,705 MADE BY THE ASSESSING OFFICER BY WAY OF DISALLOWANCE OF INTEREST OF CLAIMED BY THE ASSESSEE. 2. WE HAVE HEARD THE PARTIES. IT IS AN UNDISPUTE D FACT THAT THE TAX EFFECT IN THIS CASE IS LESS THAN RS.3 LAKHS. I N THE CIRCUMSTANCES, WE FIND THAT IN VIEW OF THE INSTRUCTION NO.3 OF 2011 [F. NO . 279/MISC. 142/2007- ITJ], DATED 9 TH FEBRUARY, 2011 ISSUED BY THE CBDT, THE PRESENT APP EAL OF THE REVENUE INVOLVING TAX EFFECT OF LESS THAN RS.3- LAKHS, IS NOT MAINTAINABLE. ACCORDINGLY THIS APPEAL OF THE REVENU E IS DISMISSED IN LIMINE. 3. IN THE RESULT, APPEAL OF THE REVENUE IS DISMI SSED. ITA NO.1165/HYD/2011 SHRI SUNIL KUMAR RATHI, HYDERABAD. 2 ORDER PRONOUNCED IN THE COURT ON 17.1.2012 SD/- SD/- (ASHA VIJAYARAGHAVAN) (CHANDRA POOJARI) JUDICIAL MEMBER. ACCOUNTANT MEMBER. DATED 17TH JANUARY, 2012 COPY FORWARDED TO: 1. SHRI SUNIL KUMAR RATHI, 15 - 7 - 406, BEGUM BAZAR, HYDERABAD. 2. INCOME - TAX OFFICER, WARD 7(4), HYDERABAD . 3. CIT (A) - VI , HYDERABAD. 4. COMMISSIONER OF INCOME - TAX V, HYDERABAD 5. THE D.R., ITAT, HYDERABAD. B.V.S