Income Tax Officer (IT), Hyderabad, Nellore V. Prathikanti Sakkubai, Kurnool

ITA 1729/HYD/2014

• Counselvise Citation: [2016] 121 COUNSELVISE.COM (IT) 3009 (ITAT-HYDERABAD)
• Duration Of Justice: 1 year(s) 3 month(s) 1 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 11-02-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 11-02-2016
• Assessment Year: 2009-2010
• Appeal Filed On: 10-11-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: B KURMI NAIDU
• Assessee Lawyers: M CHANDRAMOULESWARA RAO
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCHES B : HYDERABAD BEFORE SMT. P. MADHAVI DEVI, JUDICIAL MEMBER AND SHRI B. RAMAKOTAIAH, ACCOUNTANT MEMBER ITA.NO.1729/HYD/2014 ASSESSMENT YEAR 2009-2010 THE INCOME TAX OFFICER, INTERNATIONAL TAXATION, NELLORE. VS. SMT. P RATHIKANTI SAKKU BAI, KURNOOL. PAN ALKPP8557A (APPELLANT) (RESPONDENT) FOR REVENUE : MR. B. KURMI NAIDU FOR ASSESSEE : MR. M. CHANDRAMOULESWARA RAO DATE OF HEARING : 11.0 2 .2016 DATE OF PRONOUNCEMENT : 11.0 2 .2016 ORDER PER SMT. P. MADHAVI DEVI, J.M. THIS IS REVENUES APPEAL FOR THE A.Y. 2009-10. IN THIS APPEAL, THE REVENUE IS AGGRIEVED BY THE ORD ER OF THE LD. CIT(A)-V, HYDERABAD DATED 21.07.2014. 2. AT THE TIME OF HEARING, THE LD. D.R. MR. B. KURMI NAIDU, SUBMITTED THAT THE TAX 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, WHICH FACT IS CONFIRMED BY THE LD. COUNSEL FOR THE ASSESSEE. 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 2 ITA.NO.1729/HYD/2014 SMT. PRATHIKANTI SAKKU BAI, KURNOOL. 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 11.02.2016. SD/- SD/- (B. RAMAKOTAIAH) (SMT. P. MADHAVI DEVI) ACOUNTANT MEMBER JUDICIALMEMBER HYDERABAD, DATED 11 TH FEBRUARY, 2016 VBP/- 3 ITA.NO.1729/HYD/2014 SMT. PRATHIKANTI SAKKU BAI, KURNOOL. COPY TO : 1. THE INCOME TAX OFFICER, INTERNATIONAL TAXATION, GNT ROAD, DARGAMITTA, NELLORE. 2. SMT. PRATHIKANTI SAKKUBAI, H.NO.40 - 313A, NEAR BHAGYANAGAR POST OFFICE, BHAGYANAGAR, KURNOOL. KURNOOL DISTRICT. 3. COMMISSIONER OF INCOME TAX (APPEALS) - V , HYDERABAD. 4. D IT ( IT & T.P. ), HYDERABAD. 5. D.R. ITAT B BENCH, HYDERABAD. 6. GUARD FILE