ACIT, Cir-16(3), Hyderabad V. M/s. Phycare Services (India) Pvt.Ltd, Hyderabad

ITA 1210/HYD/2011

• Counselvise Citation: [2011] 140 COUNSELVISE.COM (IT) 53627 (ITAT-HYDERABAD)
• Duration Of Justice: 3 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 29-09-2011
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2007-2008
• Appeal Filed On: 21-06-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: T DIWAKAR PRASAD
• Assessee Lawyers: ABHAY SINGH
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD A BENCH, HYDERABAD BEFORE SHRI CHANDRA POOJARI, AM AND SMT. ASHA VIJAYARAGHAVAN, JM ITA NO. 1210/HYD/2011 ASSESSMENT YEAR 2007-08 THE ACIT CIRCLE 16(3) HYDERABAD VS M/S. PHYCARE SERVICES (INDIA) LTD., HYDERABAD PAN: AADCP5476H APPELLANT RESPONDENT APPELLANT BY: SHRI T. DIWAKAR PRASAD RESPONDENT BY: SHRI ABHAY SINGH DATE OF HEARING: 29.9.2011 DATE OF PRONOUNCEMENT: 29.9.2011 ORDER PER ASHA VIJAYARAGHAVAN, JM THIS APPEAL BY THE REVENUE IS DIRECTED AGAINST THE ORDER PASSED BY THE CIT-V, HYDERABAD DATED 15.4.2011 AND PERTAIN S TO ASSESSMENT YEAR 2007-08. 2. AT THE VERY OUTSET THE LEARNED COUNSEL FOR THE A SSESSEE CONTENDED THAT THE TAX EFFECT INVOLVED IN THIS APPE AL IS BELOW THE PRESCRIBED LIMIT OF RS. 2 LAKHS FOR FILING THE APPE AL BEFORE THE TRIBUNAL BY THE REVENUE AS PER THE CBDT CIRCULAR. THE LEARN ED DR FAIRLY CONCEDED THE SAME. 3. AFTER HEARING BOTH THE PARTIES, WE FIND THAT THE TAX EFFECT INVOLVED IN THIS APPEAL IS LESS THAN RS. 2 LAKHS AS PER THE LIMIT PRESCRIBED BY THE CBDT FOR FILING OF APPEAL BY THE REVENUE BEFORE THE TRIBUNAL. IN SUCH A SITUATION THE APPEAL FILED IN CONTRAVENTION OF SU CH LIMIT CANNOT BE SUSTAINED. THE HONBLE BOMBAY HIGH COURT IN THE CA SE OF CIT VS. CAMCO COLOUR CO., 254 ITR 565 AND CERTAIN OTHER JUD GEMENTS HAS BEEN HELD THAT WHERE THE TAX EFFECT INVOLVED IN THE APPEAL FILED BY THE ITA NO. 1210/HYD/2011 M/S. PHYCARE SERVICES (I) LTD. ======================== 2 REVENUE IS LESS THAN THE MONETARY LIMIT AS PRESCRIB ED IN BOARD CIRCULAR, THE SAME IS NOT MAINTAINABLE. RESPECTFUL LY FOLLOWING THE PRECEDENT, WE DISMISS THE APPEAL FILED BY THE REVEN UE AS NOT MAINTAINABLE. 4. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISM ISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 29 TH SEPTEMBER, 2011 SD/- (CHANDRA POOJARI) SD/- (ASHA VIJAYARAGHAVAN) ACCOUNTANT MEMBER JUDICIAL MEMBER HYDERABAD, DATED THE 29 TH SEPTEMBER, 2011 COPY FORWARDED TO: 1. THE ASST. COMMISSIONER OF INCOME-TAX, CIRCLE 16( 3), 6 TH FLOOR, AAYAKAR BHAVAN, BASHEERBAGH, HYDERABAD. 2. M/S. PHYCARE SERVICES (INDIA) LTD., 8-2-674/2/B, APSIDS BUILDING, ROAD NO. 13, BANJARA HILLS, HYDERABAD. 3. THE CIT(A)-V, HYDERABAD. 4. THE CIT-IV, HYDERABAD 5. THE DR, A BENCH, ITAT, HYDERABAD TPRAO