Appeal details
Counselvise Citation
132022514 RSA 2013
Assessee PAN
Bench
Appeal Number
Duration Of Justice
2 year(s) 2 month(s) 21 day(s)
Appellant
Respondent
Appeal Type
Income Tax Appeal
Pronouncement Date
18-12-2015
Appeal Filed By
Department
Order Result
Dismissed
Bench Allotted
A
Next Hearing Date
28-12-2015
Assessment Year
2006-2007
Appeal Filed On
27-09-2013
Judgement Text
IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCHES A : HYDERABAD BEFORE SMT. P. MADHAVI DEVI, JUDICIAL MEMBER AND SHRI S. RIFAUR RAHMAN, ACCOUNTANT MEMBER ITA. NO. 1320/HYD/2013 ASSESSMENT YEAR 2006-07 DY. COMMISSIONER OF INCOME TAX, CIRCLE 6(1), HYDERABAD VS., SRI V. RAMACHANDRA RAO, HYDERABAD PAN ABKPV 9548 H (APPELLANT) (RESPONDENT) FOR REVENUE : MR. M. SITHARAM FOR ASSESSEE : MR. T. CHAITANYA KUMAR DATE OF HEARING : 18.12.2015 DATE OF PRONOUNCEMENT : 18.12.2015 ORDER PER S. RIFAUR RAHMAN, A.M. THIS IS REVENUES APPEAL FOR THE A.Y. 2005-06. IN THIS APPEAL, THE REVENUE IS AGGRIEVED BY THE ORDER OF THE LD. CIT(A)-IV, HYDERABAD DATED 10.07.2013. 2. AT THE TIME OF HEARING, THE LD. COUNSEL FOR THE ASSESSEE, SHRI T. CHAITANYA KUMAR SUBMITTED THAT TH E TAX EFFECT IN THIS APPEAL IS LESS THAN RS. 10 LAKHS AND THEREFORE, REVENUES APPEAL IS LIABLE TO BE DISMISSED IN VIEW OF CBDT CIRCULAR NO.21/2015 DATED 10 TH DECEMBER, 2015. ON GOING THROUGH THE ASSESSMENT ORDER, WE FIND THAT THE TOT AL INCOME ASSESSED BY THE A.O. IS AT RS. 2,58,22,170/- AND TH E TAX EFFECT INVOLVED IN THIS APPEAL FILED BY THE REVENUE IS LESS THAN RS. 10 LAKHS AND THIS POSITION HAS NOT BEEN DISPUTE D EVEN BY THE LEARNED DR. 3. ON PERUSAL OF THE CBDT CIRCULAR NO.21/2015 DATED 10 TH DECEMBER, 2015, WE FIND THAT THE CBDT HAS FIXED 2 ITA.NO. 1320/HYD/2013 SRI V. RAMACHANDRA RAO, HYD. 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 BEFOR E THE TRIBUNAL IS RS.10 LAKHS AND IT IS ALSO CLARIFIED TH AT THE TAX EFFECT MEANS THE DIFFERENCE BETWEEN THE TAX ON THE TOTAL INCOME ASSESSED AND THE TAX THAT WOULD HAVE BEEN CHARGEABLE ON SUCH TOTAL INCOME BEING REDUCED BY TH E AMOUNT OF INCOME IN RESPECT OF THE ISSUES AGAINST W HICH, APPEAL IS INTENDED TO BE FILED AND ALSO THAT THE TA X WILL NOT INCLUDE ANY INTEREST THEREON, EXCEPT WHERE CHARGEAB ILITY OF INTEREST ITSELF IS IN DISPUTE. PARA-10 OF THE INSTR UCTION ALSO CLARIFIES THAT THE INSTRUCTION WILL APPLY RETROSPEC TIVELY TO PENDING APPEALS AND APPEALS TO BE FILED HENCEFORTH IN THE HIGH COURTS/ TRIBUNAL AND HAS DIRECTED THE DEPARTM ENT TO EITHER WITHDRAW OR NOT PRESS THE APPEALS BELOW THE SPECIFIED TAX LIMITS. DULY TAKING NOTE OF THE CBDT CIRCULAR N O.21/2015 DATED 10 TH DECEMBER, 2015, WE DISMISS THE APPEAL OF THE REVENUE WITH THE LIBERTY TO THE REVENUE TO SEEK REC ALL OF THIS ORDER IF THIS CASE FALLS WITHIN ANY OF THE EXCEPTIO NS TO THE CBDT CIRCULAR MENTIONED THEREIN. 4. IN THE RESULT, APPEAL OF THE REVENUE IS DISMISS ED. PRONOUNCED IN THE OPEN COURT ON 18 TH DECEMBER, 2015. SD/- SD/- ( P. MADHAVI DEVI) (S. RIFAUR RAHMAN) JUDICIAL MEMBER ACOUNTANT MEM BER HYDERABAD, DATED 18 TH DECEMBER, 2015 KV 3 ITA.NO. 1320/HYD/2013 SRI V. RAMACHANDRA RAO, HYD. COPY TO 1. DCIT, CIRCLE 6(10, 7 TH FLOOR, D BLOCK, IT TOWERS, AC GUARDS, HYDERABAD. 2. SHRI V. RAMACHANDRA RAO, 8-2-686/8/2, ROAD NO. 12, BANJARA HILLS, HYDERABAD 3. CIT(A)-IV, HYDERABAD 4. CIT- III, HYDERABAD. 5. D.R. I.T.A.T., HYDERABAD. 6. GUARD FILE
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