Income Tax Officer, Ward - 2, Kadapa V. Sri. D.V. Siva Reddy, Kadapa

ITA 1348/HYD/2012

• Counselvise Citation: [2016] 131 COUNSELVISE.COM (IT) 6368 (ITAT-HYDERABAD)
• Duration Of Justice: 3 year(s) 11 month(s) 6 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 09-08-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 27-07-2016
• Assessment Year: 2006-2007
• Appeal Filed On: 03-09-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: K E SUNIL BABU
• Assessee Lawyers: S RAMA RAO
• Keywords: Tax effect

Judgement Text

ITA NO 1348 OF 2012 DV SIVA REDDY KADAPA PAGE 1 OF 3 IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD A BENCH, HYDERABAD BEFORE SMT. P.MADHAVI DEVI, JUDICIAL MEMBER & SHRI S. RIFAUR RAHMAN, ACCOUNTANT MEMBER ITA NO.1348/HYD/2012 (ASSESSMENT YEAR: 2006-07) INCOME TAX OFFICER WARD-2 KADAPA VS. SRI D.V. SIVA REDDY, SREERAJULAPET, YERRAGUNTLA KADAPA DISTT. PAN: AGIPD 1784 C (APPELLANT) (RESPONDENT) FOR REVENUE : SHRI K.E. SUNIL BABU, DR FOR ASSESSEE : SHRI S. RAMA RAO DATE OF HEA R ING : 9.8.2016 DATE OF PRONOUN CEMENT : 9.8.2016 O R D E R PER SMT. P. MADHAVI DEVI, J.M. THIS IS REVENUES APPEAL FOR THE A.Y 2006-07. IN TH IS APPEAL, THE REVENUE IS AGGRIEVED BY THE ORDER OF TH E LEARNED CIT (A),GUNTUR, DATED 22.06.2012. 2. DURING THE HEARING IT WAS INFORMED BY THE LEARNE D DR THAT SINCE THE TAX EFFECT INVOLVED IN THIS APPEAL IS LES S THAN RS.10 LAKHS, THE REVENUE WISHES TO WITHDRAW THE APPEAL PU RSUANT TO THE CBDT CIRCULAR NO.21/2015, DATED 10 TH DECEMBER, 2015. ON GOING THROUGH THE ASSESSMENT ORDER, WE FIND THAT TH E TOTAL INCOME ASSESSED BY THE AO IS AT RS.8,96,997/- AND T HE TAX EFFECT INVOLVED IN THIS APPEAL FILED BY THE REVENUE IS LE SS THAN RS.10.00 LAKHS AS ADMITTED BY THE LEARNED DR. FURTH ER, VIDE ITA NO 1348 OF 2012 DV SIVA REDDY KADAPA PAGE 2 OF 3 LETTER DATED 05.08.2016, INCOME TAX OFFICER, KURNOO L INTIMATED AS UNDER: INTIMATE SR. DR, THE TAX EFFECT IN THE CASE IS LES S THAN RS.10 LAKHS AND APPEAL MAY BE WITHDRAWN. HENCE, NO REVISED AUTHORISATION FORWARDED. 3. 4. ON PERUSAL OF THE CBDT CIRCULAR NO.21/2015 DA TED 10 TH DECEMBER, 2015, WE FIND THAT THE CBDT HAS FIXED THE MONETARY LIMIT FOR FILING OF APPEALS BEFORE THE TRIBUNAL, HO N'BLE HIGH COURT AND HON'BLE SUPREME COURT OF INDIA RESPECTIVELY. TH E MONETARY LIMIT FIXED FOR FILING OF APPEAL BEFORE THE TRIBUNA L 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 BEI NG REDUCED BY THE AMOUNT OF INCOME IN RESPECT OF THE ISSUES AG AINST WHICH, 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 H IGHER COURTS & TRIBUNAL AND HAS DIRECTED THE DEPARTMENT TO EITHE R WITHDRAW OR NOT PRESS THE APPEALS BELOW THE SPECIFIED TAX LI MITS. DULY TAKING NOTE OF THE CBDT CIRCULAR NO.21/2015 DATED 1 0TH DECEMBER, 2015, WE DISMISS THE APPEAL OF THE REVENU E AS WITHDRAWN WITH LIBERTY TO REVENUE TO SEEK RECALL OF THIS ORDER IF THE APPEAL FALLS WITHIN ANY OF THE EXCEPTIONS PROVI DED IN THE CIRCULAR. ITA NO 1348 OF 2012 DV SIVA REDDY KADAPA PAGE 3 OF 3 4. IN THE RESULT, APPEAL FILED BY THE REVENUE IS DI SMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 9 TH AUGUST, 2016. S D/ - S D/ - (S.RIFAUR RAHMAN) (P. MADHAVI DEVI) ACCOUNTANT MEMBER JUDICIAL MEMBER HYDERABAD, DATED 9 TH AUGUST, 2016. VNODAN/SPS COPY TO: 1. INCOME TAX OFFICER WARD -2 KADAPA 2. SRI D.V.SIVA REDDY, 3-251 SREERAMULA PET, YERRAGUNT LA, KADAPA DISTT. 3. CIT(A) GUNTUR 4. CIT TIRUPATI 5. THE DR, ITAT, HYDERABAD 6. GUARD FILE BY ORDER