ITO, Hyderabad V. M/s. Maruthi Real Estates, Hyderabad

ITA 1668/HYD/2010

• Counselvise Citation: [2011] 134 COUNSELVISE.COM (IT) 3258 (ITAT-HYDERABAD)
• Duration Of Justice: 5 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 09-06-2011
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2002-2003
• Appeal Filed On: 24-12-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: B V PRASAD REDDY
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH B', HYDERABAD BEFORE SHRI G.C. GUPTA, VICE PRESIDENT & SHRI CHANDRA POOJARI, ACCOUNTANT MEMBER I.T.A. NO. 1668/HYD/2010 ASSESSMENT YEAR 2002-03 THE INCOME-TAX OFFICER WARD-9(1), HYDERABAD VS. M/S. MARUTHI REAL ESTATES, HYDERABAD PAN/GIR NO. 3M-366 APPLICANT RESPONDENT APPELLANT BY: MR. B.V. PRASAD REDDY RESPONDENT BY: NONE O R D E R PER CHANDRA POOJARI, AM: THIS APPEAL PREFERRED BY THE REVENUE IS DIRECTED AGAINST THE ORDER OF THE CIT(A)-VI, HYDERABAD DATED 27.9.2010 FOR ASSESSMENT YEAR 2002-03. 2. AT THE TIME OF HEARING, IT HAS BEEN AGREED BY THE LEARNED DR THAT THE TAX EFFECT IN THIS APPEAL FILED BY THE REVENUE IS LESS THAN RS. 2 LAKHS AND HENCE, IN TERMS OF THE INSTRUCTION NO. 5 DATED 16.7.2007 (F. NO. 279/MISC. 56/07-ITJ) ISSUED BY THE CBDT, THE DEPARTMENT SHOULD NOT HAVE FILED THIS APPEAL. ACCORDINGLY, THE APPEAL OF THE REVENUE IS NOT ADMITTED AND DISMISSED IN LIMINE. I.T.A. NO. 1668/HYD/2010 M/S. MARUTHI REAL ESTATES ==================== 2 3. IN THE RESULT, THE APPEAL BY THE REVENUE IS DISMISSED IN LIMINE AS UN-ADMITTED. ORDER PRONOUNCED IN THE OPEN COURT ON 9 TH JUNE, 2011. SD/- (G.C. GUPTA) VICE PRESIDENT SD/- (CHANDRA POOJARI) ACCOUNTANT MEMBER HYDERABAD, DATED 9 TH JUNE, 2011 TPRAO COPY FORWARDED TO: 1. THE INCOME-TAX OFFICER, WARD-9(1), BLOCK NO. 2D, INCOME TAX TOWERS, A.C. GUARDS, HYDERABAD-40. 2. M/S. MARUTHI REAL ESTATES, MALAKPET, HYDERABAD. 3. THE CIT(A)-VI, HYDERABAD. 4 THE CIT-VI, HYDERABAD 5. THE DR B BENCH, ITAT, HYDERABAD