DCIT, Hyderabad V. M/s Priyadarshini Spinning Mills Ltd., Hyderabad

ITA 1170/HYD/2009

• Counselvise Citation: [2011] 134 COUNSELVISE.COM (IT) 9959 (ITAT-HYDERABAD)
• Duration Of Justice: 1 year(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 03-01-2011
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 03-01-2011
• Assessment Year: 2005-2006
• Appeal Filed On: 10-12-2009
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: K V N CHARYA
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH A', HYDERABAD BEFORE SHRI G.C.GUPTA, VICE PRESIDENT AND SHRI CHANDRA POOJARI, ACCOUNTANT MEMBER ITA NO.1170/HYD/09 : ASSTT. Y EAR 2005-06 DY. COMMISSIONER OF INCOME- TAX, CIRCLE 16(3), HYDERABAD V/S. M/S. PRIYADARSHINI SPINNING MILLS LTD., HYDERABAD ( PAN AABCP 2284 K ) (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI K.V.N.CHARYA RESPONDENT BY : NONE O R D E R PER G.C.GUPTA, VICE PRESIDENT: THIS APPEAL BY THE REVENUE FOR THE ASSESSMENT YEAR 20 05-06 IS DIRECTED AGAINST THE ORDER OF THE COMMISSIONER OF INCOME -TAX(APPEALS). 2. AT THE TIME OF HEARING ON 3.1.2011, NONE APPEA RED ON BEHALF OF THE ASSESSEE-RESPONDENT, INSPITE OF SERVICE OF NOTICE OF HEA RING ON THE ASSESSEE. THERE IS NOT EVEN AN ADJOURNMENT PETITION RECE IVED FROM THE ASSESSEE. IN THE CIRCUMSTANCES, WE PROCEED TO DISPOSE OFF THE APPEAL EX- PARTE QUA THE ASSESSEE- AFTER HEARING THE LEARNED DEPA RTMENTAL REPRESENTATIVE AND ON THE BASIS OF MATERIAL ON RECORD. 3. WE HAVE HEARD THE LEARNED DEPARTMENTAL REPRESEN TATIVE AND PERUSED THE ORDERS OF THE ASSESSING OFFICER AND THE CIT(A) . AT THE OUT SET, WE FIND THAT THE TAX EFFECT IN THIS APPEAL OF THE REV ENUE IS LESS THAN RS.2 LAKHS AND IN VIEW OF INSTRUCTION NO.2 OF 2005 DATED 2 4.10.2005 ISSUED BY THE CBDT, PRESENT APPEAL SHOULD NOT HAVE BEEN PREFERRED B Y THE REVENUE. IN THIS VIEW OF THE MATTER, PRESENT APPEAL FILED BY THE REVENUE INVOLVING TAX ITA NO1170./HYD/09 M/S. PRIYADARSHINI SPINNING MILLS LTD., HYD 2 EFFECT OF LESS THAN RS.2.00 LAKHS IS NOT MAINTAINABLE BEF ORE THE TRIBUNAL AND ACCORDINGLY, APPEAL OF THE REVENUE IS DISMISSED IN LIMINE . 4. IN THE RESULT, APPEAL OF THE REVENUE IS DISMISSE D. ORDER PRONOUNCED IN THE COURT ON 3RD JANUARY, 2011 . SD/- SD/- (CHANDRA POOJARI) (G.C.GUPTA) ACCOUNTANT MEMBER VICE PRESIDENT DT/- 3RD JANUARY, 2011 COPY FORWARDED TO: 1. M/S. PRIYADARSHINI SPINNING MILLS LTD., FLAT NO.208 & 408, NILGIRI ADITYA ENCLAVE, AMEERPET, HYDERABAD 2. DY. COMMISSIONER OF INCOME-TAX CIRCLE 16(3), HYDERAB AD 3. COMMISSIONER OF INCOME-TAX(APPEALS)-V, HYDERABAD 4. COMMISSIONER OF INCOME-TAX, IV HYDERABAD 5. THE DEPARTMENTAL REPRESENTATIVE, ITAT, HYDERABAD. B.V.S .