DCIT, Tirupathi V. Aka Damodar, Tirupathi

ITA 1656/HYD/2010

• Counselvise Citation: [2015] 140 COUNSELVISE.COM (IT) 98915 (ITAT-HYDERABAD)
• Duration Of Justice: 4 year(s) 11 month(s) 30 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 22-12-2015
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 07-03-2016
• Assessment Year: 2007-2008
• Appeal Filed On: 23-12-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: M SITHARAM
• Assessee Lawyers: D SATYANARAYANA
• Keywords: Tax effect

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 IT A.NO. A.Y. APPELLANT RESPONDENT 1655/H/2010 2006 - 07 DCIT, CENTRAL CIRCLE, TIRUPATI. MR. AKA DAMODAR (INDIVIDUAL), TIRUPATI-517501 PAN ALHPD0179R 517/H/2011 2008 - 09 1567/H/2010 2004 - 05 DCIT, CENTRAL CIRCLE, TIRUPATI. MR. AKA DAMODAR (HUF), TIRUPATI - 517501 PAN ALHPD0179R 1656/H/2010 2007 - 08 FOR REVENUE : MR. M. SITHARAM FOR ASSESSEE : MR. D. SATYANARAYANA DATE OF HEARING : 22.12.2015 DATE OF PRONOUNCEMENT : 22.12.2015 ORDER PER SMT. P. MADHAVI DEVI, J.M. THESE APPEALS BY THE REVENUE ARE DIRECTED AGAINST THE SEPARATE ORDERS OF THE LD. CIT(A)-VII, HYDERABAD FOR THE A.YS. 2006-2007, 2008-09 AND 2004 - 05 AND 2007-08. 2. AT THE OUTSET, THE LD. COUNSEL FOR THE ASSESSEE , MR. D. SATYANARAYANA, SUBMITTED THAT THE TAX EFFECT IN THESE APPEALS IS LESS THAN RS.10 LAKHS IN EACH OF THE ASSESSMENT YEARS AND THEREFORE, REVENUES APPEALS A RE LIABLE TO BE DISMISSED IN VIEW OF CBDT CIRCULAR 2 ITA.NO.1655/H/2010, 517/HYD/2011, & ITA.NO.1567 & 1656/H/2010 MR. AKA DAMODAR (IND) & (HUF), TIRUPATI NO.21/2015 DATED 10 TH DECEMBER, 2015, WHICH FACT IS CONFIRMED BY THE LD. D.R. 3. ON PERUSAL OF THE CBDT CIRCULAR NO.21/2015 DATED 10 TH DECEMBER, 2015, WE FIND THAT THE CBDT HAS FIXED THE MONETARY LIMIT FOR FILING OF APPEALS BEFO RE THE TRIBUNAL, HONBLE HIGH COURT AND HONBLE SUPREME CO URT RESPECTIVELY. THE MONETARY LIMIT FIXED FOR FILING O F APPEAL BEFORE THE TRIBUNAL IS RS.10 LAKHS AND IT IS ALSO C LARIFIED THAT THE TAX EFFECT MEANS THE DIFFERENCE BETWEEN TH E TAX ON THE TOTAL INCOME ASSESSED AND THE TAX THAT WOULD HAVE BEEN CHARGEABLE ON SUCH TOTAL INCOME BEING REDUCED BY THE AMOUNT OF INCOME IN RESPECT OF THE ISSUES AGAIN ST WHICH, APPEAL IS INTENDED TO BE FILED AND ALSO THAT THE TAX WILL NOT INCLUDE ANY INTEREST THEREON, EXCEPT WHERE CHARGEABILITY OF INTEREST ITSELF IS IN DISPUTE. PAR A-10 OF THE INSTRUCTION ALSO CLARIFIES THAT THE INSTRUCTION WIL L APPLY RETROSPECTIVELY TO PENDING APPEALS AND APPEALS TO B E FILED HENCEFORTH IN THE HIGH COURTS/ TRIBUNAL AND HAS DI RECTED THE DEPARTMENT TO EITHER WITHDRAW OR NOT PRESS THE APPEALS BELOW THE SPECIFIED TAX LIMITS. DULY TAKING NOTE OF THE CBDT CIRCULAR NO.21/2015 DATED 10 TH DECEMBER, 2015, WE DISMISS THE APPEALS OF THE REVENUE WITH LI BERTY TO THE REVENUE TO SEEK RECALL OF THIS ORDER IF ANY OF THESE APPEALS FALL WITHIN ANY OF THE EXCEPTIONS PROVIDED IN THE CIRCULAR. 4. IN THE RESULT, APPEALS OF THE REVENUE ARE DISMISSED. 3 ITA.NO.1655/H/2010, 517/HYD/2011, & ITA.NO.1567 & 1656/H/2010 MR. AKA DAMODAR (IND) & (HUF), TIRUPATI ORDER PRONOUNCED IN THE OPEN COURT ON 22.12.2015. SD/- SD/- (S. RIFAUR RAHMAN) (SMT. P. MADHAVI DEVI) ACOUNTANT MEMBER JUDICIAL MEMBER HYDERABAD, DATED 22 ND DECEMBER, 2015 VBP/- COPY TO 1. THE DY. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, TIRUPATI. 2. MR. AKA DAMODAR (IND.), 407B, CHENZI PLAZA, K.T. RO AD, TIRUPATI, CHITTOOR DISTRICT. ANDHRA PRADESH. 3. MR. AKA DAMODAR (HUF), 407B, CHENZI PLAZA, K.T. ROA D, TIRUPATI, CHITTOOR DISTRICT. ANDHRA PRADESH. 3. CIT(A) - V II, HYDERABAD. 4. CIT - (CENTRAL) , HYDERABAD. 5. D.R. I.T.A.T. A BENCH, HYDERABAD. 6. GUARD FILE