Dy.CIT., Circle-2(1), Hyderabad V. Sri Chintala Balabhdra Vithalaiah, Hyderabad

ITA 1661/HYD/2014

• Counselvise Citation: 166122514 RSA 2014
• 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: 19-01-2016
• Assessment Year: 2010-2011
• Appeal Filed On: 31-10-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: M SITHARAM
• 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.1661/HYD/2014 ASSESSMENT YEAR 2010-2011 THE DCIT, CIRCLE- 2(1), HYDERABAD. VS., MR. CHINTALA BALABHDRA VITHALAIAH, HYDERABAD 033. PAN AAHPC9893Q (APPELLANT) (RESPONDENT) FOR REVENUE : MR. M. SITHARAM FOR ASSESSEE : -NONE- 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)-III, HYDERABAD DATED 21.08.2014 FOR THE A.Y. 2010-2011. 2. NONE APPEARED ON BEHALF OF THE RESPONDENT- ASSESSEE AT THE TIME OF HEARING OF THIS APPEAL. HOW EVER, WE PROCEED TO DISPOSE OF THE APPEAL AS THE TAX EFFE CT INVOLVED IN THIS APPEAL IS LESS THAN RS.10 LAKHS. T HEREFORE, REVENUES APPEAL IS LIABLE TO BE DISMISSED IN VIEW OF 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 A.O. IS AT RS.32,32,140 AND THE TAX EFFECT INVOLVED IN THIS APPEAL FILED BY THE REV ENUE IS 2 ITA.NO.1661/HYD/2014 MR. CHINTALA BALABHDRA VITHALAIAH, HYDERABAD. LESS THAN RS.10 LAKHS AND THIS POSITION HAS BEEN CONFIRMED BY THE LEARNED D.R. THEREFORE, WE ARE WAI VING THE SERVICE OF NOTICE TO THE ASSESSEE AND ARE PROCE EDING TO DISMISS THIS APPEAL ON THE BASIS OF THE ABOVE CBDT CIRCULAR. 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 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. 3 ITA.NO.1661/HYD/2014 MR. CHINTALA BALABHDRA VITHALAIAH, HYDERABAD. 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/- COPY TO 1. THE DY. COMMISSIONER OF INCOME TAX, CIRCLE-2(1), 8 TH FLOOR, B BLOCK, I.T. TOWERS, A.C. GUARDS, HYDERABAD-4. 2. MR. CHINTALA BALABHDRA VITHALAIAH, PLOT NO.42, ASWI NI LAYOUT, ROAD NO.70, HYDERABAD 500 033. 3. CIT(A) - I II, HYDERABAD. 4. CIT - II , HYDERABAD. 5. D.R. I.T.A.T. A BENCH, HYDERABAD. 6. GUARD FILE