ITO, Ward-1, Adoni, Adoni V. M/s Ananda Nilayam, Adoni, Adoni

ITA 1694/HYD/1996

• Counselvise Citation: 169422514 RSA 1996
• Duration Of Justice: 19 year(s) 5 month(s) 17 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 18-12-2015
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 1990-1991
• Appeal Filed On: 01-07-1996
• Result in Favour of: Revenue
• 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 ITA.NO.1694, 1695 & 1696/HYD/1996 ASSESSMENT YEARS 1990-91, 1991-92 & 1992-93 THE INCOME TAX OFFICER, WARD-1, ADONI. VS., M/S. ANANDA NILAYAM ADONI. (APPELLANT) (RESPONDENT) FOR REVENUE : MR. M. SITHARAM FOR ASSESSEE : MR. D. SATYANARAYANA DATE OF HEARING : 18.12.2015 DATE OF PRONOUNCEMENT : 18.12.2015 ORDER PER SMT. P. MADHAVI DEVI, J.M. THESE ARE REVENUES APPEALS FOR THE A.YS. 1990-91, 1991-92 AND 1992-93. IN THESE APPEALS, THE REVENUE IS AGGRIEVED BY THE COMMON ORDER OF THE LD. CIT(A) DATED 13.06.1996. 2. AT THE OUTSET, THE LD. COUNSEL FOR THE ASSESSEE , MR. D. SATYANARAYANA, SUBMITTED THAT THE TAX EFFECT IN THE ABOVE APPEALS AS DETERMINED BY THE A.O. ARE RS.1,25 ,920 FOR A.Y. 1990-91, RS.1,26,810 FOR A.Y. 1991-92 AND RS.1,01,900 FOR A.Y. 1992-93, WHICH 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, TO WHICH LD. D.R. HAS NO OBJECTION . 4. ON PERUSAL OF THE CBDT CIRCULAR NO.21/2015 DATED 10 TH DECEMBER, 2015, WE FIND THAT THE CBDT HAS 2 ITA.NOS.1694,1695 & 1696/HYD/1996 M/S. ANANDA NILAYAM, MADHAVARAM ROAD, ADONI. 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 THES E APPEALS FALL WITHIN ANY OF THE THE EXCEPTIONS PROVIDED IN T HE CIRCULAR. 4. IN THE RESULT, APPEALS OF THE REVENUE ARE DISMISSED. PRONOUNCED IN THE OPEN COURT ON 18.12.2015. SD/- SD/- (S. RIFAUR RAHMAN) (SMT. P. MADHAVI DEVI) ACOUNTANT MEMBER JUDICIAL MEMBER HYDERABAD, DATED 18 TH DECEMBER, 2015 VBP/- 3 ITA.NOS.1694,1695 & 1696/HYD/1996 M/S. ANANDA NILAYAM, MADHAVARAM ROAD, ADONI. COPY TO 1. THE INCOME TAX OFFICER, WARD-1, 3 RD ROAD, SKD COLONY, ADONI. 2. M/S. ANANDA NILAYAM, MADHAVARAM ROAD, ADONI. 3. CIT(A), VIJAYAWADA 4. CIT, VIJAYAWADA 5. D.R. I.T.A.T. A BENCH, HYDERABAD. 6. GUARD FILE