DCIT, Hyderabad V. T.Prabhakar rao, Hyderabad

ITA 184/HYD/2010

• Counselvise Citation: [2010] 136 COUNSELVISE.COM (IT) 3093 (ITAT-HYDERABAD)
• Duration Of Justice: 5 month(s) 17 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 21-07-2010
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 21-07-2010
• Assessment Year: 2007-2008
• Appeal Filed On: 04-02-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: VASUNDHARA SINHA
• Assessee Lawyers: CHAITANYA KUMAR
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCHES B : HYDERABAD BEFORE SHRI N.R.S. GANESAN, JUDICIAL MEMBER AND SHRI AKBER BASHA, ACCOUNTANT MEMBER ITA. NO. 184/HYD/2010 ASSESSMENT YEAR 2007-2008 DCIT, CENTRAL CIRCLE 7 HYDERABAD 500 004. VS. T. PRABHAKAR RAO HYDERABAD. PAN ACJPT-3984-D (APPELLANT) (RESPONDENT) FOR APPELLANT : SMT. VASUNDHARA SINHA FOR RESPONDENT : SHRI CHAITANYA KUMAR ORDER PER N.R.S GANESAN, J.M. 1. THIS APPEAL OF THE REVENUE IS DIRECTED AGAINST THE ORDER OF THE CIT (A)-I, HYDERABAD DATED 16-11-2009 AND PERTA INS TO THE ASSESSMENT YEAR 2007-2008. THE ASSESSING OFFICER BY LETTER DATED 25/5/2010 STATED THAT THE MONETARY LIMIT IN THIS AP PEAL IS LESS THAN THE LIMIT PRESCRIBED BY THE CBDT IN ITS CIRCULAR NO. 5 OF 2008 DATED 15/5/2008. THEREFORE, THE COMMISSIONER OF INCOME TA X (CENTRAL) HAS DIRECTED THE ASSESSING OFFICER TO WITHDRAW THE PRES ENT APPEAL. FOR THE PURPOSE OF CONVENIENCE WE ARE REPRODUCING LETTER AD DRESSED TO THE ASSISTANT REGISTRAR OF THIS TRIBUNAL BY THE ASSESSI NG OFFICER IN THE CASE OF SRI T.PRABHAKAR RAO, FOR THE ASSESS MENT YEAR 2007-08, AN APPEAL WAS FILED BY THE DEPARTMENT BEFO RE THE ITAT, HYDERABAD AGAINST THE ORDER OF THE CIT (APPEA LS)-1, HYDERABAD ON 4-2-2010 (ITA. NO. 184/H/10-B BENCH) . 2 THE TAX EFFECT INVOLVED IN THIS CASE IS LESS THAN T HE MONETARY LIMITS PRESCRIBED BY THE BOARD VIDE INSTRUCTION NO. 05/2008 DATED 15-5-2008. AS THE TAX EFFECT INVOLVED IS LESS THAN THE MONETARY LIMITS PRESCRIBED THE CIT (CENTRAL), HYDER ABAD HAS DIRECTED THE UNDERSIGNED TO WITHDRAW THE APPEAL. AC CORDINGLY, THE APPEAL FILED BY THE DEPARTMENT BEFORE THE ITAT, HYDERABAD FOR THE ASSESSMENT YEAR 2007-08 IS HEREBY WITHDRAWN. 2. WHEN THE APPEAL WAS TAKEN-UP FOR HEARING, THE L EARNED DR SUBMITTED THAT THE DEPARTMENT DO NOT WISH TO PROSEC UTE THE APPEAL ANY FURTHER IN VIEW OF THE MONETARY LIMIT. IN VIEW OF T HE ABOVE SUBMISSION, THE APPEAL OF THE REVENUE IS DISMISSED AS WITHDRAWN . ORDER PRONOUNCED IN THE OPEN COURT ON 21 ST JULY, 2010 SD/- SD/- (AKBER BASHA) (NRS. GANESAN) ACCOUNTANT MEMBER JUDICIAL MEMBER HYDERABAD, DATE 21 ST JULY, 2010 VBP/- COPY TO 1. DCIT, (CENTRAL CIRCLE-7), 8 TH FLOOR, AAYAKAR BHAVAN, L.B. STADIUM ROAD, BASHEERBAGH, HYDERABAD - 500 004 (A.P.) 2. T. PRABHAKAR RAO, H.NO. 15-77/1, P&T COLONY, DIL SUKHNAGAR, HYDERABAD. PAN ACJPT-3984-D 3. CIT (A)-I, HYDERABAD. 4. CIT (CENTRAL), HYDERABAD 5. DR B BENCH, HYDERABAD 6. GUARD FILE