DCIT, Circle-10(1), Hyderabad, Hyderabad V. Rakesh Mishra, Secunderabad, Secunderabad

ITA 1374/HYD/2016

• Counselvise Citation: [2017] 128 COUNSELVISE.COM (IT) 2636 (ITAT-HYDERABAD)
• Duration Of Justice: 5 month(s) 29 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 12-04-2017
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 12-04-2017
• Assessment Year: 2009-2010
• Appeal Filed On: 14-10-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: K J RAO
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH B, HYDERABAD BEFORE SMT. P. MADHAVI DEVI, JUDICIAL MEMBER AND SHRI S. RIFAUR RAHMAN, ACCOUNTANT MEMBER ITA NO. 1374/HYD/2016 ASSESSMENT YEAR: 2009-10 DY. COMMISSIONER OF INCOME- TAX, CIRCLE 10(1), HYDERABAD. VS. RAKESH MISHRA, SECUNDERABAD. PAN AB2PM 3732 D (APPELLANT) (RESPONDENT) REVENUE BY : SHRI K.J. RAO ASSESSEE BY : SHRI K.C. DEVDAS DATE OF HEARING 12-04-2017 DATE OF PRONOUNCEMENT 12 -04-2017 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) 6 , HYDERABAD, DATED 18.07.2016, FOR THE AY 2009-10. 2. AT THE TIME OF HEARING, THE LD. COUNSEL FOR THE ASSESSEE, SHRI K.C. DEVDAS SUBMITTED THAT THE TAX EFFECT IN THIS APPEAL 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. IS AT RS. 89,50,140/- AND THE TAX EFFECT INVOLVED I N THIS APPEAL FILED BY THE REVENUE IS LESS THAN RS. 10 LAKHS AND THIS POSI TION HAS NOT BEEN 2 ITA NO. 1374 /HYD/2016 RAKESH MISHRA, SECBAD. 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. 4. IN THE RESULT, APPEAL OF THE REVENUE IS DISMISS ED. PRONOUNCED IN THE OPEN COURT ON 12 TH APRIL, 2017. SD/- SD/- (P. MADHAVI DEVI) (S. RIFAUR RAHM AN) JUDICIAL MEMBER A CCOUNTANT MEMBER HYDERABAD, DATED: 12 TH APRIL, 2017 KV 3 ITA NO. 1374 /HYD/2016 RAKESH MISHRA, SECBAD. COPY TO:- 1) DCIT, CIRCLE 10(1), 5 TH FLOOR, A BLOCK, IT TOWERS, AC GUARDS, HYDERABAD 2) SHRI RAKESH MISHRA, PROP. M/S DATA SYSTEMS NO. 3 14, MINERVA COMPLEX, 94, SD ROAD, SECUNDERABAD 500 026 3 CIT(A) - 6, HYDERABAD 4) PR. CIT 6, HYDERABAD 5) THE DEPARTMENTAL REPRESENTATIVE, I.T.A.T., HYDE RABAD.