ITO., Ward- 12(3), Hyderabad, Hyderabad V. Sri Madada Ravinder Reddy, Hyderabad

ITA 1660/HYD/2014

• Counselvise Citation: [2015] 140 COUNSELVISE.COM (IT) 98896 (ITAT-HYDERABAD)
• Duration Of Justice: 1 year(s) 1 month(s) 21 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: 15-02-2016
• Assessment Year: 2010-2011
• Appeal Filed On: 31-10-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: M SITHARAM
• Assessee Lawyers: K A SAI PRASAD
• 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 ITA.NO.1660/HYD/2014 ASSESSMENT YEAR 2010-2011 THE INCOME TAX OFFICER, WARD-12(3), HYDERABAD. VS., MR. MADADA RAVINDER REDDY, HYDERABAD. PAN AJBPR5817Q (APPELLANT) (RESPONDENT) FOR REVENUE : MR. M. SITHARAM FOR ASSESSEE : MR. K.A. SAIPRASAD DATE OF HEARING : 22.12.2015 DATE OF PRONOUNCEMENT : 22.12.2015 ORDER PER SMT. P. MADHAVI DEVI, J.M. THIS APPEAL BY THE REVENUE IS DIRECTED AGAINST THE ORDER OF THE LD. CIT(A)-II, HYDERABAD DATED 04.09.2014 FOR THE A.Y. 2010-2011. 2. AT THE OUTSET, THE LD. COUNSEL FOR THE ASSESSEE , MR. K.A. SAIPRASAD, SUBMITTED THAT THE TAX EFFECT I N THIS APPEAL IS LESS THAN RS.10 LAKHS AND THEREFORE, REVE NUES APPEAL IS LIABLE TO BE DISMISSED IN VIEW OF CBDT CI RCULAR 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 2 ITA.NO.1660/HYD/2014 MR. MADADA RAVINDER REDDY, HYDERABAD. 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 APPEAL OF THE REVENUE WITH LIB ERTY TO THE REVENUE TO SEEK RECALL OF THIS ORDER IF THIS AP PEAL FALLS WITHIN ANY OF THE EXCEPTIONS PROVIDED IN THE CIRCUL AR. 4. IN THE RESULT, APPEAL OF THE REVENUE IS DISMISSED. 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/- 3 ITA.NO.1660/HYD/2014 MR. MADADA RAVINDER REDDY, HYDERABAD. COPY TO 1. THE INCOME TAX OFFICER, WARD-12(3), HYDERABAD. 2. MR. MADADA RAVINDER REDDY, 414, E-BLOCK, SANTHI GARDENS, NACHARAM, HYDERABAD 500 076. 3. CIT(A) - I I, HYDERABAD. 4. CIT - I, HYDERABAD. 5. D.R. I.T.A.T. A BENCH, HYDERABAD. 6. GUARD FILE