Income Tax Officer (TDS) Ward-6(3), Tirupathi V. M/s A.P.State Housing Corporation Limited, Kadapa

ITA 1323/HYD/2014

• Counselvise Citation: 132322514 RSA 2014
• Duration Of Justice: 9 month(s) 1 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 15-04-2015
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 15-04-2015
• Assessment Year: 2009-2010
• Appeal Filed On: 14-07-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: RAMAKRISHNA BANDI
• Assessee Lawyers: M CHANDRAMOULESWARA RAO
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH A, HYDERABAD BEFORE SHRI P.M. JAGTAP, ACCOUNTANT MEMBER AND SHRI SAKTIJIT DEY, JUDICIAL MEMBER ITA NOS. 1323, 1324 & 1325/HYD/2014 ASSESSMENT YEARS: 2009-10, 2010-11 & 2011-12 INCOME TAX OFFICER (TDS), WARD 6(3), TIRUPATHI VS. M/S A.P. STATE HOUSING CORPORATION LTD., KADAPA (APPELLANT) (RESPONDENT) REVENUE BY : SHRI RAMAKRISHNA BANDI ASSESSEE BY : SHRI M. CHANDRAMOULESWARA RAO DATE OF HEARING 15-04-2015 DATE OF PRONOUNCEMENT 15-04-2015 O R D E R PER BENCH.: THESE THREE APPEALS ARE PREFERRED BY REVENUE AGAIN ST THE ORDERS OF LD. CIT(A), VIJAYAWADA, ALL, DATED 11/04/ 2014 WHEREBY HE DISPOSED OF THE APPEALS FILED BY ASSESSEE AGAINST T HE ORDERS PASSED BY AO U/S 201(1)/201(1A) OF THE ACT, FOR THE AYS 20 09-10, 2010-11 AND 2011-12. 2. WE HAVE HEARD THE ARGUMENTS OF BOTH THE PARTIES AND ALSO PERUSED THE RELEVANT MATERIAL ON RECORD. AS SUBMITT ED BY LD. COUNSEL FOR ASSESSEE, THE TAX EFFECT INVOLVED IN EACH OF TH ESE THREE APPEALS OF REVENUE IS LESS THAN THE MONETARY LIMIT OF RS. 4 L AKHS PRESCRIBED BY THE CBDT FOR FILING THE APPEALS BEFORE THE TRIBUNAL AND THE SAME ARE, THEREFORE, NOT MAINTAINABLE. THE LD. DR HAS ALSO N OT DISPUTED THE FACT THAT TAX EFFECT INVOLVED IN EACH OF THESE THREE APP EALS OF REVENUE IS LESS THAN RS. 4 LAKHS. THE CBDT VIDE INSTRUCTION NO . 5/2014 ISSUED 2 ITA NOS. 1323, 1324 & 1325 /HYD/2014 M/S A.P. STATE HOUSING CORPORATION LTD., KADAPA ON 10/07/2014 HAS REVISED THE MONETARY LIMIT FOR FI LING THE DEPARTMENTAL APPEALS BEFORE THE TRIBUNAL TO RS. 4 L AKHS AND THE LIMIT SO REVISED IS APPLICABLE TO THE APPEALS FILED ON OR AFTER 10/07/2014. SINCE, THE PRESENT APPEALS ARE FILED BY THE DEPARTM ENT ON 14/07/2014, THE REVISED MANDATORY LIMIT OF RS. 4 LAKHS IS APPLI CABLE TO THE SAME. WE, THEREFORE, HOLD THAT THE PRESENT APPEALS FILED BY THE DEPARTMENT INVOLVING TAX EFFECT OF LESS THAN THE MONETARY LIMI T OF RS. 4 LAKHS FIXED BY THE CBDT IN ITS INSTRUCTION NO. 5/2014 DATED 10/ 07/2014 FOR FILING OF APPEALS BY THE DEPARTMENT BEFORE THE TRIBUNAL, A RE NOT MAINTAINABLE AND THE SAME ARE LIABLE TO BE DISMISSE D. WE ORDER ACCORDINGLY. 3. IN THE RESULT, APPEALS OF REVENUE ARE DISMISSED. PRONOUNCED IN THE OPEN COURT ON 15 TH APRIL, 2015 UPON CONCLUSION OF HEARING. SD/- SD/- (SAKTIJIT DEY) (P.M. JAGTAP) JUDICIAL MEMBER ACCOUNTANT MEMBER HYDERABAD, DATED: 15 TH APRIL, 2015 KV COPY TO:- 1) ITO (TDS), WARD 3(6), GROUND FLOOR, AAYAKAR BH AVAN, TIRUPATHI 2) M/S A.P. STATE HOUSING CORPORATION LTD., OLD RIM S, KADAPA. 3 CIT(A), VIJAYAWADA 4)CIT(TDS), HYDERABAD 5) THE DEPARTMENTAL REPRESENTATIVE, I.T.A.T., HYDE RABAD. 3 ITA NOS. 1323, 1324 & 1325 /HYD/2014 M/S A.P. STATE HOUSING CORPORATION LTD., KADAPA DESCRIPTION DATE INTLS 1. DRAFT DICTATED ON SR.P.S. 2. DRAFT PLACED BEFORE AUTHOR SR.P.S 3 DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER AM 4 DRAFT DISCUSSED/APPROVED BY SECOND MEMBER VP 5 APPROVED DRAFT COMES TO THE SR.P.S./PS SR.P.S. 6. KEPT FOR PRONOUNCEMENT ON SR.P S. 7. FILE SENT TO THE BENCH CLERK SR.P.S. 8 DATE ON WHICH FILE GOES TO THE HEAD CLERK 9 DATE OF DISPATCH OF ORDER