Dy. Commissioner of Income Tax, Hyderabad V. Shri Tummala Sriram Babu, Vijayawada

ITA 1165/HYD/2013

• Counselvise Citation: [2016] 132 COUNSELVISE.COM (IT) 6307 (ITAT-HYDERABAD)
• Duration Of Justice: 2 year(s) 11 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 20-07-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 06-06-2016
• Assessment Year: 2009-2010
• Appeal Filed On: 05-08-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: K J RAO
• Assessee Lawyers: M CHANDRAMOULESWARA RAO
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCHES B (SMC) : HYDERABAD BEFORE SHRI D. MANMOHAN, VICE PRESIDENT ITA.NO.1165/HYD/2013 ASSESSMENT YEAR 2009-2010 DCIT, CENTRAL CIRCLE-3 HYDERABAD. VS. MR. TUMMALA SRIRAM BABU VIJAYAWADA. PAN AASPT3145K (APPELLANT) (RESPONDENT) FOR REVENUE : MR. K.J. RAO FOR ASSESSEE : MR. M. CHANDRAMOULESWARA RAO DATE OF HEARING : 21.06.2016 DATE OF PRONOUNCEMENT : 20.07.2016 ORDER THE APPEAL FILED BY THE REVENUE IS DIRECTED AGAIN ST THE ORDER PASSED BY THE CIT(A)-V, HYDERABAD AND IT PERT AINS TO THE A.Y. 2009-2010. 2. THE TOTAL INCOME ASSESSED IN THIS CASE IS RS.29 ,09,381 AND TAX THEREON WORKS-OUT TO RS.10,34,799 INCLUDING INTEREST CHARGEABLE UNDER SECTION 234A TO 234C OF THE I.T. A CT, 1961. THE CIT(A) PARTLY ALLOWED THE APPEAL FILED BY THE ASSES SEE AGAINST WHICH REVENUE IS IN APPEAL BEFORE THE TRIBUNAL. 3. AT THE TIME OF HEARING, LD. COUNSEL FOR THE ASS ESSEE FILED COMPUTATION SHEET SHOWING THE TAX EFFECT WHEREIN IT WAS SHOWN THAT THE TAX EFFECT IN THE APPEAL FILED BY THE DEPA RTMENT IS 2 ITA.NO.1165/HYD/2013 MR. TUMMALA SRIRAM BABU, VIJAYAWADA. RS.7,73,803 ONLY. SINCE THE TAX EFFECT IS BELOW RS. 10 LAKHS, AS PER THE CIRCULAR ISSUED BY THE CBDT VIDE NO.21/2015 DAT ED 10 TH DECEMBER, 2015 BEARING F.NO.279/MISC.142/2007-ITI(PT ), THE REVENUE IS DUTY BOUND TO WITHDRAW ITS APPEAL UNLES S THE CASE FALLS UNDER ANY OF THE EXCEPTIONS PROVIDED BY IT. THE L.D . D.R. FAIRLY ADMITTED THAT IN THE INSTANT CASE, THE CIRCULAR ISS UED BY THE CBDT SQUARELY APPLIES AND HE HAS NO OBJECTION FOR DISMIS SAL OF THE APPEAL IN VIEW OF LOW TAX EFFECT. 4. HAVING REGARD TO THE RIVAL CONTENTIONS, I AM OF THE VIEW THAT THE APPEAL FILED BY THE REVENUE DESERVES TO BE DISMISSED IN THE LIGHT OF BINDING CIRCULAR ISSUED BY THE CBDT (SUPRA ). I, ACCORDINGLY, DISMISS THE APPEAL FILED BY THE REVENUE. 5. IN THE RESULT, APPEAL OF THE REVENUE IS DISMISS ED. ORDER PRONOUNCED IN THE OPEN COURT ON 20.07.2016. SD/- (D. MANMOHAN) VICE PRESIDENT HYDERABAD DATED 20 TH JULY, 2016 VBP/- COPY TO 1. DCIT, CENTRAL CIRCLE-3, 8 TH FLOOR, AAYAKAR BHAVAN, BASHEERBAGH, HYDERABAD. 2. MR. TUMMALA SRIRAM BABU, 64-9-2, SBH COMPLEX, PATAMATA LANKA, VIJAYAWADA. 3. CIT(A)-V, HYDERABAD. 4. CIT (CENTRAL), HYDERABAD. 5. D.R. ITAT B (SMC)BENCH, HYDERABAD. 6. GUARD FILE