ITO, Ward-3(3), Hyd, Hyderabad V. Sreenidhi International Pvt.Ltd., S'bad, Secunderabad

ITA 1215/HYD/2016

• Counselvise Citation: [2019] 115 COUNSELVISE.COM (IT) 5914 (ITAT-HYDERABAD)
• Duration Of Justice: 3 year(s) 12 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 01-10-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB-B
• Next Hearing Date: 01-10-2019
• Assessment Year: 2013-2014
• Appeal Filed On: 19-09-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: N RAVI BABU
• Assessee Lawyers: S RAMA RAO
• Keywords: Tax effect
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH B, HYDERABAD BEFORE SMT. P. MADHAVI DEVI, JUDICIAL MEMBER AND SHRI A. MOHAN ALANKAMONY, ACCOUNTANT MEMBER ITA NO.1215/HYD/2016 ASSESSMENT YEAR: 2013 - 14 INCOME TAX OFFICER, WARD - 3(3), HYDERABAD. VS. M/S. SREENIDHI INTERNATIONAL PVT LTD., 1 - 2 - 288/23/1, DOMALGUDA, SECUNDERABAD - 500029. PAN: AAFCS 5355 L (APPELLANT) (RESPONDENT) ASSESSEE BY: SRI S. RAMA RAO REVENUE BY: SRI N. RAVI BABU, DR DATE OF HEARING: 01/10/2019 DATE OF PRONOUNCEMENT: 01 /10/2019 ORDER PER A. MOHAN ALANKAMONY, AM.: THIS APPEAL IS FILED BY THE REVENUE AGAINST THE ORDER OF THE LD. CIT(A) - 3, HYDERABAD DATED 16/06/2016 IN APPEAL NO.0198/CIT(A) - 3/15 - 16 PASSED U/S. 143(3) & 250(6) OF THE ACT FOR THE ASST. YEAR 2013 - 14. 2. THE REVENUE HAS RAISED THE FOLLOWING GROUNDS OF APPEAL: - 1. THE LD. CIT(A) ERRED BOTH IN LAW AND ON FACTS OF THE CASE. 2. THE LD. CIT(A) ERRED IN NOT TREATING THE INCOME FROM LETTING OUT OF LAND AND SCHOOL BUILDINGS A S INCOME FROM HOUSE PROPERTY AS DECIDED BY THE ASSESSING OFFICER. 2 3. ANY OTHER GROUND OR GROUNDS THAT MAY BE URGED AT THE TIME OF HEARING. 3. AT THE TIME OF HEARING IT HAS BEEN BROUGHT TO OUR NOTICE THAT AS PER THE CBDT CIRCULARS NO.03/2018 DATED 11.07.20 18 AND CIRCULAR NO.17 OF 2019 DATED 9 TH AUGUST, 2019, THE TAX LIMIT FOR FILING APPEAL BY THE REVENUE BEFORE THE TRIBUNAL HAS BEEN FIXED AT RS.50.00 LAKHS AND ABOVE. THEREFORE, SINCE THE TAX EFFECT IN THE PRESENT APPEAL BEFORE US IS LESS THAN RS.50.00 LAKH, WE HEREBY DISMISS THE SAME WITH LIBER TY TO THE REVENUE TO SEEK RECALL OF THE ORDER, IF THE APPEAL FALLS WITHIN THE EXCEPTIONS MENTIONED IN THE CIRCULARS OF THE CBDT. 4. IN THE RESULT, THE APPEAL FILED BY THE REVENUE IS DISMISSED. PRONOUNCED IN THE OPEN COURT ON THE 01 ST OCTOBER, 2019. S D/ - SD/ - (P. MADHAVI DEVI) ( A. MOHAN ALANKAMONY ) JUDICIAL MEMBER ACCOUNTANT MEMBER HYDERABAD, DATED: 01 ST OCTOBER , 2019 OKK COPY TO: - 1) M/S. SREENIDHI INTERNATIONAL PVT LTD., 1 - 2 - 288/23/1, DOMALGUDA, SECUNDERABAD - 500029. 2) INCOME TAX OFFICER, WARD - 3(3), 7 TH FLOOR, R.NO. 708, SIGNATURE TOWERS, KONDAPUR, HYDERABAD. 3) THE CIT(A) - 3 , HYDERABAD 3 4) THE PR. CIT - 3 , HYDERABAD 5) THE DR, ITAT, HYDERABAD 6) GUARD FILE