Dy.CIT, Central Circle-7, Hyderabad V. Shri B Prabhakar Goud, R.R.Dist

ITA 1175/HYD/2014

• Counselvise Citation: [2016] 121 COUNSELVISE.COM (IT) 3005 (ITAT-HYDERABAD)
• Duration Of Justice: 1 year(s) 7 month(s) 29 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 11-02-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 11-02-2016
• Assessment Year: 2008-2009
• Appeal Filed On: 12-06-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: M SITARAM
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH A, HYDERABAD BEFORE SHRI D.MANMOHAN, VICE PRESIDENT AND SHRI S.RIFAUR RAHMAN, ACCOUNTANT MEMBER ITA NO.1175/HYD/2014 : ASSESSMENT YEARS 2008- 09 DY. COMMISSIONER OF INCOME - TAX, CENTRAL CIRCLE 7, HYDERABAD V/S SHRI B. PRABHAKAR GOUD, PARVATHAPUR VILLAGE, GHATKESAR MANDAL, RR DISTRICT (PAN - AJDPB 6006 F ) (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI M.SITARAM DR RESPONDENT BY : SHRI K.C.DEVDAS DATE OF HEARING 11.2.2016 DATE OF PRONOUNCEMENT 11.2.2016 O R D E R PER D.MANMOHAN, VICE PRESIDENT : THIS APPEAL IS FILED AT THE INSTANCE OF THE REVEN UE AND IT PERTAINS TO ASSESSMENT YEAR 2008-09. AT THE TIME O F HEARING, LEARNED DEPARTMENTAL REPRESENTATIVE HAS FILED A LETTER DATE D 11.2.2016, ACCORDING TO WHICH THE QUANTUM OF RELIEF GRANTED BY THE CIT(A) BY THE IMPUGNED ORDER WORKS OUT TO RS.11,07,030, AND CONSE QUENTLY, THE TAX IN THIS APPEAL BY THE REVENUE IS LESS THAN RS.10 LA KHS. HENCE, THE CIRCULAR ISSUED BY CBDT VIDE NO.21/2015 DATED 10 TH DECEMBER, 2015 BEARING F.NO.279/MISC.142/2007-ITI(PT) IS APPLICABL E. 2. SINCE IT IS NOT IN DISPUTE THAT THE TAX EFFECT IN THIS APPEAL IS LESS THAN RS.10 LAKHS IN WHICH EVENT, THE CIRCULAR ISSUED BY THE CBDT IS BINDING ON THE REVENUE, THE PRESENT APPEAL OF THE R EVENUE IS LIABLE TO BE DISMISSED AS WITHDRAWN. WE HAVE ALREADY DISPOSE D OF NUMBER OF SIMILAR MATTERS, WHEREIN THE CIRCULAR ISSUED BY THE CBDT HAS BEEN CONSIDERED, TO HOLD THAT THE APPEALS FILED BY THE R EVENUE DESERVE TO BE DISMISSED AS WITHDRAWN WHEREVER THE TAX EFFECT I S LESS THAN RS.10 ITA NO.1175/HYD/2014 SHRI B.PRABHAKAR GOUD, PARVATHAPURAM, GHATKESAR MANDAL, R R DISTRICT 2 LAKHS. FOR THE SAKE OF CONVENIENCE, WE EXTRACT THE RELEVANT PORTION OF THE ORDER PASSED BY THE ITAT, HYDERABAD BENCH IN TH E CASE OF SHRI RAJESH YADAV PASHAM, IN ITA NO.1379/HYD/2015 DATED 2.2.2016- 3. THE LEGISLATURE IN ITS WISDOM HAS INTRODUCED S.268A OF THE INCOME TAX ACT,1961, WHEREBY THE BOAR D IS EMPOWERED TO ISSUE ORDERS/INSTRUCTIONS/DIRECTIONS T O THE INCOME-TAX AUTHORITIES, FIXING THE MONETARY LIMITS FOR THE PURPOSE OF REGULATING THE FILING OF APPEALS. IN T HE LIGHT OF THE CIRCULAR DATED 10.12.2015, ISSUED BY THE CBDT IN EX ERCISE OF THE POWERS CONFERRED IN IT BY SUBSECTION (1) OF S.268A, WE ARE OF THE VIEW THAT THE APPEAL FILED HEREIN SHOULD NOT HA VE BEEN PRESSED BY THE REVENUE. THE LEARNED DEPARTMENTAL REPRESENTATIVE FAIRLY ADMITTED THAT THE REVENUE EFF ECT IN THIS APPEAL IS LESS THAN THE LIMIT PRESCRIBED IN PARA-3 OF THE ABOVE CIRCULAR ISSUED BY THE CBDT. HAVING REGARD TO THE CIRCUMSTANCES OF THE CASE, WE DISMISS THE APPEAL OF THE REVENUE AS WITHDRAWN/NOT PRESSED, AS PRONOUNCED IN THE OPEN COURT. HAVING REGARD TO THE CIRCUMSTANCES OF THE CASE, WE DISMISS THE APPEAL FILED BY THE REVENUE. PRONOUNCED ACCORDINGLY IN THE OPEN COURT. SD/- SD/- ( S.RIFAUR RAHMAN) (D.MANMOHAN) ACCOUNTANT MEMBER. VICE PRESIDENT DT/- 11 TH FEBRUARY, 2016 COPY FORWARDED TO: 1. SHRI B. PRABHAKAR GOUD, H.NO.2 - 100, PARVATHAPUR VILLAGE, GHATKESAR MANDAL, RR DISTRICT 2. DY. COMMISSIONER OF INCOME - TAX CENTRAL CIRCLE 7 , HYDERABAD 3. COMMISSIONER OF INCOME - TAX(APPEALS) GUNTUR 4. COMMISSIONER OF INCOME-TAX CENTRAL, HYDERABAD 5. DEPARTMENTAL REPRESENTATIVE ITAT, HYDERABAD B.V.S.