ITO, Ward-1, Siddipet, Siddipet V. Lateef Poultries, Siddipet, Siddipet

ITA 1305/HYD/2015

• Counselvise Citation: [2016] 132 COUNSELVISE.COM (IT) 6659 (ITAT-HYDERABAD)
• Duration Of Justice: 4 month(s) 20 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 07-04-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 28-03-2016
• Assessment Year: 2009-2010
• Appeal Filed On: 17-11-2015
• 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. 1305/HYD/2015 ASSESSMENT YEAR: 2009-10 INCOME-TAX OFFICER, WARD 1, SIDDIPET VS. LATEEF POULTRIES, SIDDIPET. PAN AACFL 9755B (APPELLANT) (RESPONDENT) REVENUE BY : SHRI M. SITARAM ASSESSEE BY : SHRI MOHD. AFZAL DATE OF HEARING 28-03-2016 DATE OF PRONOUNCEMENT 07-04-2016 O R D E R PER S. RIFAUR RAHMAN, A.M.: THIS APPEAL IS PREFERRED BY THE REVENUE AGAINST TH E ORDER OF THE LEARNED COMMISSIONER OF INCOME-TAX(APPEALS) 7 , HYDERABAD, DATED 26.08.2015, FOR THE AY 2009-10. 2. AT THE TIME OF HEARING, THE LD. COUNSEL FOR THE ASSESSEE, SHRI MOHD. AFZAL SUBMITTED THAT THE TAX EFFECT IN THIS A PPEAL IS LESS THAN RS. 10 LAKHS AND THEREFORE, REVENUES APPEAL IS LIA BLE TO BE DISMISSED IN VIEW OF CBDT CIRCULAR NO.21/2015 DATED 10 TH DECEMBER, 2015. THIS CIRCULAR REGARDING THE PECUNIARY LIMIT F OR PREFERRING THE APPEAL BEFORE THE ITAT BY THE REVENUE HAS NOW STATU TORY FORCE UNDER SEC. 268A OF THE INCOME-TAX ACT, 1961. ON GOING THR OUGH THE ASSESSMENT ORDER, WE FIND THAT THE TOTAL INCOME AS SESSED BY THE A.O. IN THE ORIGINAL ASSESSMENT WAS RS. 17,96,476/- AND SUBSEQUENTLY REASSESSMENT WAS MADE AND INCOME DETERMINED AT RS. 44,77,385/-. THE NET DISPUTED INCOME IN THE APPEAL WAS RS. 26,80 ,909/- AND THE 2 ITA NO. 1305/HYD/2015 M/S LATEEF POULTRIES TAX EFFECT INVOLVED IN THIS APPEAL FILED BY THE REV ENUE IS RS. 8,28,402 WHICH IS LESS THAN RS. 10 LAKHS AND THIS POSITION H AS NOT BEEN DISPUTED BY THE LEARNED DR. THEREFORE, WE ARE SATI SFIED THAT THE TAX EFFECT IN THIS APPEAL IS LESS THAN RS.10 LAKHS. 3. THE CBDT VIDE CIRCULAR NO.21/2015 DATED 10 TH DECEMBER, 2015 HAS FIXED THE MONETARY LIMIT FOR FILING OF APPEALS BEFORE THE TRIBUNAL, HONBLE HIGH COURT AND HONBLE SUPREME COURT RESPEC TIVELY. THE MONETARY LIMIT FIXED FOR FILING OF APPEAL BEFORE TH E TRIBUNAL IS RS.10 LAKHS AND IT IS ALSO CLARIFIED THAT THE TAX EFFECT MEANS THE DIFFERENCE BETWEEN THE TAX ON THE TOTAL INCOME ASSESSED AND TH E TAX THAT WOULD HAVE BEEN CHARGEABLE ON SUCH TOTAL INCOME BEING RED UCED BY THE AMOUNT OF INCOME IN RESPECT OF THE ISSUES AGAINST W HICH, APPEAL IS INTENDED TO BE FILED AND ALSO THAT THE TAX WILL NOT INCLUDE ANY INTEREST THEREON, EXCEPT WHERE CHARGEABILITY OF INTEREST ITS ELF IS IN DISPUTE. PARA-10 OF THE INSTRUCTION ALSO CLARIFIES THAT THE INSTRUCTION WILL APPLY RETROSPECTIVELY TO PENDING APPEALS AND APPEALS TO B E FILED HENCEFORTH IN THE HIGH COURTS/TRIBUNAL AND HAS DIRECTED THE DE PARTMENT TO EITHER WITHDRAW OR NOT PRESS THE APPEALS BELOW THE SPECIFI ED TAX LIMITS. DULY TAKING NOTE OF THE CBDT CIRCULAR NO.21/2015 DATED 1 0 TH DECEMBER, 2015, WE DISMISS THE APPEAL OF THE REVENUE WITH THE LIBERTY TO THE REVENUE TO SEEK RECALL OF THIS ORDER IF THIS CASE F ALLS WITHIN ANY OF THE EXCEPTIONS TO THE CBDT CIRCULAR MENTIONED THEREIN. 5. IN THE RESULT, APPEAL OF THE REVENUE IS DISMISS ED. PRONOUNCED IN THE OPEN COURT ON 7 TH APRIL, 2016. SD/- SD/- (D. MANMOHAN) (S. RIFAUR RAHMAN) VICE PRESIDENT AC COUNTANT MEMBER HYDERABAD, DATED: 7 TH APRIL, 2016 KV 3 ITA NO. 1305/HYD/2015 M/S LATEEF POULTRIES COPY TO:- 1) THE ITO, WARD 1, SIDDIPET, NO. 8-1-44, IV TH FLOOR, KRISHNA REDDY CHAMBERS, HYDERABAD ROAD, SIDDIP ET 502 103 2) M/S LATEEF POULTRIES, 19-94/1, HYDERABAD ROAD, S IDDIPET 502 103 3 CIT(A) 7, HYDERABAD 4) PR. CIT 7, HYDERABAD 5) THE DEPARTMENTAL REPRESENTATIVE, I.T.A.T., HYDE RABAD.