ITO, Ward-6(5), Hyd, Hyderabad V. K. Mahender Yadav, Hyd, Hyderabad

ITA 1235/HYD/2015

• Counselvise Citation: [2016] 132 COUNSELVISE.COM (IT) 6575 (ITAT-HYDERABAD)
• Duration Of Justice: 6 month(s) 28 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 24-05-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 23-05-2016
• Assessment Year: 2009-2010
• Appeal Filed On: 27-10-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: M SITARAM
• Assessee Lawyers: S SURYANARAYANA RAO
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCHES A : HYDERABAD BEFORE SHRI D. MANMOHAN, VICE PRESIDENT AND SHRI S. RIFAUR RAHMAN, ACCOUNTANT MEMBER ITA.NO.1235/HYD/2015 ASSESSMENT YEAR 2009-2010 THE INCOME TAX OFFICER, WARD-6(5), HYDERABAD. VS. MR. K. MAHENDER YADAV HYDERABAD. PAN AAYPK8761E (APPELLANT) (RESPONDENT) CROSS OBJECTION NO.64/HYD/2015 ARISING OUT OF ITA.NO.1235/HYD/2015 - ASSESSMENT YEAR 2009-2010 MR. K. MAHENDER YADAV HYDERABAD. PAN AAYPK8761E VS. THE INCOME TAX OFFICER, WARD-6(5), HYDERABAD. (APPELLANT) (RESPONDENT) FOR REVENUE : MR. M. SITARAM FOR ASSESSEE : MR. S. SURYANARAYANA RAO DATE OF HEARING : 23 .05.2016 DATE OF PRONOUNCEMENT : 23 .05.2016 ORDER PER D. MANMOHAN, V.P. THIS APPEAL IS FILED AT THE INSTANCE OF THE REVENUE AGAINST THE ORDER OF THE CIT(A)-VI, HYDERAB AD. BY WAY OF CROSS OBJECTION, ASSESSEE MERELY SUPPORTED T HE VIEW TAKEN BY THE CIT(A). 2 ITA.NO.1235/H/2015 & CO.NO.64/H/2015 MR. K. MAHENDER YADAV, HYDERABAD. 2. AT THE TIME OF HEARING, LD. D.R. SUBMITTED THAT CONSEQUENT TO THE ORDER PASSED BY THE CIT(A), THE I NCOME ORIGINALLY ASSESSED TO TAX (RS.88,44,604) WAS REDUC ED TO ABOUT RS.64 LAKHS AND CONSEQUENTLY, THE TAX EFFECT IS ABOUT RS.4 LAKHS. HENCE, THE CIRCULAR ISSUED BY CBD T VIDE NO.21/2015 DATED 10 TH DECEMBER, 2015 BEARING F.NO.279/MISC.142/2007-ITI(PT) IS APPLICABLE. 3. SINCE IT IS NOT IN DISPUTE THAT THE TAX EFFECT IN THIS APPEAL IS LESS THAN RS.10 LAKHS, THE CIRCULAR ISSUED BY THE CBDT IS BINDING ON THE REVENUE AND THE PRESE NT APPEAL OF THE REVENUE IS LIABLE TO BE DISMISSED AS WITHDRAWN. WE HAVE ALREADY DISPOSED OF NUMBER OF SIMILAR MATTERS, WHEREIN THE CIRCULAR ISSUED BY THE CBDT HAS BEEN CONSIDERED, TO HOLD THAT THE APPEALS FILED BY THE REVENUE DESERVE TO BE DISMISSED AS WITHDRAWN WHEREV ER THE TAX EFFECT IS LESS THAN RS.10 LAKHS. FOR THE SA KE OF CONVENIENCE, WE EXTRACT THE RELEVANT PORTION OF THE ORDER PASSED BY THE ITAT, HYDERABAD BENCH IN THE 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 BOARD IS EMPOWERED TO ISSUE ORDERS/INSTRUCTIONS/DIRECTIONS TO 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 EXERCISE OF THE POWERS CONFERRED IN IT BY SUBSECTION (1) OF S.268A, WE ARE OF THE VIEW THA T THE APPEAL FILED HEREIN SHOULD NOT HAVE BEEN PRESSED BY THE REVENUE. THE LEARNED 3 ITA.NO.1235/H/2015 & CO.NO.64/H/2015 MR. K. MAHENDER YADAV, HYDERABAD. DEPARTMENTAL REPRESENTATIVE FAIRLY ADMITTED THAT THE REVENUE EFFECT 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. 4. SINCE REVENUES APPEAL IS DISMISSED, CROSS OBJECTION OF THE ASSESSEE BECOMES INFRUCTUOUS AND ACCORDINGLY, THE CROSS OBJECTION IS ALSO DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 23.05.201 6. SD/- SD/- (S. RIFAUR RAHMAN) (D. MANMOHAN) ACCOUNTANT MEMBER VICE PRESIDENT HYDERABAD DATED 23 RD MAY, 2016 VBP/- COPY TO 1. THE INCOME TAX OFFICER, WARD - 6(5), 7 TH FLOOR, D BLOCK, I.T. TOWERS, MASAB TANK, HYDERABAD. 2. MR. K. MAHENDER YADAV, 8 - 3 - 165/B/2/1, GOKUL COMPOUND, ERRAGADDA, HYDERABAD. 3. CIT(A) - V I , HYDERABAD. 4. PR. C IT - VI, HYDERABAD. 5. D.R. ITAT A BENCH, HYDERABAD. 6. GUARD FILE