ACIT., Circle-16(2), Hyderabad, Hyderabad V. M/s Nimmagadda Builders Private Limited, Hyderabad

ITA 1676/HYD/2014

• Counselvise Citation: 167622514 RSA 2014
• Duration Of Justice: 1 year(s) 1 month(s) 19 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: 13-10-2015
• Assessment Year: 2011-2012
• Appeal Filed On: 03-11-2014
• 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. 1676/HYD/2014 ASSESSMENT YEAR 2011-12 ASST. COMMISSIONER OF INCOME TAX, CIRCLE 16(2), HYDERABAD VS., M/S NIMMAGADDA BUILDERS PVT. LTD., HYDERABAD PAN AACCN5837D (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 S. RIFAUR RAHMAN, A.M. THIS APPEAL IS PREFERRED BY THE REVENUE AGAINST TH E ORDER OF THE LEARNED COMMISSIONER OF INCOME-TAX(APP EALS)-V, HYDERABAD DATED 08.07.2014 FOR AY 2011-12. 2. AT THE TIME OF HEARING, THE LD. COUNSEL FOR THE ASSESSEE, SHRI K.A. SAIPRASAD SUBMITTED THAT THE TA X EFFECT IN THIS APPEAL IS LESS THAN RS. 10 LAKHS AND THEREFORE , 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 THE TOT AL INCOME ASSESSED BY THE A.O. IS AT RS. 41,15,960/- AND THE TAX EFFECT INVOLVED IN THIS APPEAL FILED BY THE REVENUE IS LES S THAN RS. 10 LAKHS AND THIS POSITION HAS BEEN CONFIRMED BY TH E LEARNED DR. 2 ITA.NO. 1676/HYD/2014 M/S NIMMAGADDA BUILDERS PVT. LTD. 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 BEFORE THE TRIBUNAL, HONBLE HIGH COURT AND HONBLE SUPREME COURT RESPEC TIVELY. THE MONETARY LIMIT FIXED FOR FILING OF APPEAL BEFOR E THE TRIBUNAL IS RS.10 LAKHS AND IT IS ALSO CLARIFIED TH AT THE TAX EFFECT MEANS THE DIFFERENCE BETWEEN THE TAX ON THE TOTAL INCOME ASSESSED AND THE TAX THAT WOULD HAVE BEEN CHARGEABLE ON SUCH TOTAL INCOME BEING REDUCED BY TH E AMOUNT OF INCOME IN RESPECT OF THE ISSUES AGAINST W HICH, APPEAL IS INTENDED TO BE FILED AND ALSO THAT THE TA X WILL NOT INCLUDE ANY INTEREST THEREON, EXCEPT WHERE CHARGEAB ILITY OF INTEREST ITSELF IS IN DISPUTE. PARA-10 OF THE INSTR UCTION ALSO CLARIFIES THAT THE INSTRUCTION WILL APPLY RETROSPEC TIVELY TO PENDING APPEALS AND APPEALS TO BE FILED HENCEFORTH IN THE HIGH COURTS/TRIBUNAL AND HAS DIRECTED THE DEPARTMEN T TO EITHER WITHDRAW OR NOT PRESS THE APPEALS BELOW THE SPECIFIED TAX LIMITS. DULY TAKING NOTE OF THE CBDT CIRCULAR N O.21/2015 DATED 10 TH DECEMBER, 2015, WE DISMISS THE APPEAL OF THE REVENUE WITH THE LIBERTY TO THE REVENUE TO SEEK REC ALL OF THIS ORDER IF THIS CASE FALLS WITHIN ANY OF THE EXCEPTIO NS TO THE CBDT CIRCULAR MENTIONED THEREIN. 4. IN THE RESULT, APPEAL OF THE REVENUE IS DISMISS ED. PRONOUNCED IN THE OPEN COURT ON 22ND DECEMBER, 2015 UPON CONCLUSION OF HEARING. SD/- SD/- ( P. MADHAVI DEVI) (S. RIFAUR RAHMAN) JUDICIAL MEMBER ACOUNTANT MEM BER HYDERABAD, DATED 22 ND DECEMBER, 2015 KV 3 ITA.NO. 1676/HYD/2014 M/S NIMMAGADDA BUILDERS PVT. LTD. COPY TO 1. ACIT, CIRCLE 16(2), ROOM NO. 611, 6 TH FLOOR, AAYAKAR BHAVAN, BASHEERBAGH, HYDERABAD. 2. M/S NIMMAGADDA BUILDERS PVT. LTD., FLAT NO. 202, GA YATRI ARCADE, VIKRAMPURI COLONY, SECUNDERABAD. 3. CIT(A)-V, HYDERABAD 4. CIT- IV, HYDERABAD. 5. D.R. I.T.A.T., HYDERABAD. 6. GUARD FILE