ITO, Ward-10(3), Hyd, Hyderabad V. Sourabh Statish Modi, Sec'bad, Secunderabad

ITA 1360/HYD/2015

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 6024 (ITAT-HYDERABAD)
• Duration Of Justice: 2 month(s) 16 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 25-02-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2011-2012
• Appeal Filed On: 09-12-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: M SITARAM
• Assessee Lawyers: P RAVI SESHAGIRI RAO
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH A, HYDERABAD BEFORE SMT. P.MADHAVI DEVI, JUDICIAL MEMBER A ND SHRI S.RIFAUR RAHMAN, ACCOUNTANT MEMBER ITA NO.1360/HYD/2015 : ASSESSMENT YEARS 2011- 12 INCOME TAX OFFICER WARD 10(3), HYDERABAD V/S SHRI SAURABH SATISH MODI, SECUNDERABAD (PAN - ADIPM 8136 E ) (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI M.SITARAM DR RESPONDENT BY : SHRI P. RAVI SESHAGIRI RAO DATE OF HEARING 25 . 2 .201 6 DATE OF PRONOUNCEMENT 25 .2.2016 O R D E R PER S.RIFAUR RAHMAN, ACCOUNTANT MEMBER : THIS APPEAL IS FILED AT THE INSTANCE OF THE REVEN UE AND IT PERTAINS TO ASSESSMENT YEAR 2011-12. THE ISSUE IN DISPUTE IN THIS APPEAL RELATES TO THE QUANTUM OF EXPENDITURE DISALL OWABLE UNDER S.14A OF THE ACT. AS PER THE STATEMENTS FILED AT THE TIM E OF HEARING, THE TOTAL EXPENDITURE TO BE DISALLOWED AS PER ASSESSING OFFIC ER IS RS.36,05,134, AND SUCH EXPENDITURE TO BE DISALLOWED AS PER THE IM PUGNED ORDER OF THE CIT(A) IS RS.7,14,787. THUS, AS ADMITTED EVEN BY THE LEARNED DEPARTMENTAL REPRESENTATIVE, THE REVENUE EFFECT INV OLVED IN THIS APPEAL IS LESS THAN RS.10 LAKHS. HENCE, THE CIRCUL AR ISSUED BY CBDT VIDE NO.21/2015 DATED 10 TH DECEMBER, 2015 BEARING F.NO.279/MISC.142/2007-ITI(PT) IS APPLICABLE. 2. SINCE IT IS NOT IN DISPUTE THAT THE TAX EFFECT IN THIS APPEAL IS LESS THAN RS.10 LAKHS IN WHICH EVENT, THE CIRCULAR ISSUED BY THE CBDT IS BINDING ON THE REVENUE, THE PRESENT APPEAL OF THE R EVENUE IS LIABLE TO BE DISMISSED AS WITHDRAWN. WE HAVE ALREADY DISPOSE D OF NUMBER OF SIMILAR MATTERS, WHEREIN THE CIRCULAR ISSUED BY THE CBDT HAS BEEN ITA NO.1360/HYD/2015 SHRI SOURABH SATISH MODI, SECUNDERABAD 2 CONSIDERED, TO HOLD THAT THE APPEALS FILED BY THE R EVENUE DESERVE TO BE DISMISSED AS WITHDRAWN WHEREVER THE TAX EFFECT I S LESS THAN RS.10 LAKHS. FOR THE SAKE OF CONVENIENCE, WE EXTRACT THE RELEVANT PORTION OF THE ORDER PASSED BY THE ITAT, HYDERABAD BENCH IN TH E 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 BOAR D IS EMPOWERED TO ISSUE ORDERS/INSTRUCTIONS/DIRECTIONS T O 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 EX ERCISE OF THE POWERS CONFERRED IN IT BY SUBSECTION (1) OF S.268A, WE ARE OF THE VIEW THAT THE APPEAL FILED HEREIN SHOULD NOT HA VE BEEN PRESSED BY THE REVENUE. THE LEARNED DEPARTMENTAL REPRESENTATIVE FAIRLY ADMITTED THAT THE REVENUE EFF ECT 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. 3. IN THE RESULT, REVENUES APPEAL IS DISMISSED. PRONOUNCED ACCORDINGLY IN THE OPEN COURT AT THE C ONCLUSION OF HEARING ON 25.2.2016 SD/- SD/- ( P.MADHAVI DEVI ) ( S.RIFAUR RAHMAN ) JUDICIAL MEMBER ACCOUNTANT MEMBER. DT/- 25 TH FEBRUARY, 2016 COPY FORWARDED TO: 1. SHRI SAURABH SATISH MODI, 5-4-187/3/4, SOHAM MAN SION, M.G.ROAD, SECUNDERABAD ITA NO.1360/HYD/2015 SHRI SOURABH SATISH MODI, SECUNDERABAD 3 2. INCOME TAX OFFICER WARD 10(3), HYDERABAD 3. COMMISSIONER OF INCOME - TAX(APPEALS) 6 HYDERABAD 4. PR. COMMISSIONER OF INCOME - TAX 6 , HYDERABAD 5. DEPARTMENTAL REPRESENTATIVE ITAT, HYDERABAD B.V.S.