DCIT., Circle-1(1), Hyderabad, Hyderabad V. Sri Vijaya Bhaskar Reddy K, Hyderabad

ITA 32/HYD/2015

• Counselvise Citation: [2016] 132 COUNSELVISE.COM (IT) 6577 (ITAT-HYDERABAD)
• Duration Of Justice: 1 year(s) 4 month(s) 14 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 19-05-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 19-05-2016
• Assessment Year: 2011-2012
• Appeal Filed On: 05-01-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: B KURMI NAIDU
• Assessee Lawyers: S RAMA RAO
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH B, HYDERABAD BEFORE SHRI D.MANMOHAN, VICE PRESIDENT AND SHRI S.RIFAUR RAHMAN, ACCOUNTANT MEMBER ITA NO.32/HYD/2015 : ASSESSMENT YEARS 2011-12 DY. COMMISSIONER OF INCOME - TAX, CIRCLE 1(1), HYDERABAD V/S SHRI K. VIJAYA BHASKAR REDDY, HYDERABAD (PAN - AGKPK 7677 B ) (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI B.KURMI NAIDU DR RESPONDENT BY : SHRI S.RAMA RAO DATE OF HEARING 19 . 5 .201 6 DATE OF PRONOUNCEMENT 19.5.2016 O R D E R PER D.MANMOHAN, VICE PRESIDENT : THIS APPEAL IS FILED AT THE INSTANCE OF THE REVEN UE AND IT PERTAINS TO ASSESSMENT YEAR 2008-09. AT THE TIME O F HEARING, LEARNED DEPARTMENTAL REPRESENTATIVE HAS FILED A LETTER, ALO NGWITH A CALCULATION SHEET, REQUESTING FOR PERMISSION FOR WITHDRAWAL OF THIS APPEAL ON THE GROUND THAT THE TAX EFFECT INVOLVED IS LESS THAN RS .10 LAKHS, IN VIEW OF CIRCULAR OF THE CBDT, BEING NO.21 DATED 10.12.2015. 2. SINCE IT IS NOT IN DISPUTE THAT THE TAX EFFECT IN THIS APPEAL IS LESS THAN RS.10 LAKHS IN WHICH EVENT, THE CIRCULAR ISSUED BY THE CBDT IS BINDING ON THE REVENUE, THE PRESENT APPEAL OF THE R EVENUE IS LIABLE TO BE DISMISSED AS WITHDRAWN. WE HAVE ALREADY DISPOSE D OF NUMBER OF SIMILAR MATTERS, WHEREIN THE CIRCULAR ISSUED BY THE CBDT HAS BEEN CONSIDERED, TO HOLD THAT THE APPEALS FILED BY THE R EVENUE DESERVE TO BE DISMISSED AS WITHDRAWN WHEREVER THE TAX EFFECT I S LESS THAN RS.10 LAKHS. FOR THE SAKE OF CONVENIENCE, WE EXTRACT THE RELEVANT PORTION OF ITA NO.32/HYD/2015 SHRI K. VIJAYA BHASKAR REDDY, HYDERABAD 2 THE ORDER PASSED BY THE ITAT, HYDERABAD BENCH IN TH E CASE OF SHRI RAJESH YADAV PASHAM, IN ITA NO.1379/HYD/2015 DATED 2.2.2016- 3. THE LEGISLATURE IN ITS WISDOM HAS INTRODUCED S.268A OF THE INCOME TAX ACT,1961, WHEREBY THE BOARD IS EMPOWERED TO ISSUE ORDERS/INSTRUCTIONS/DIRECTIONS T O THE INCOME-TAX AUTHORITIES, FIXING THE MONETARY LIMITS FOR THE PURPOSE OF REGULATING THE FILING OF APPEALS. IN T HE LIGHT OF THE CIRCULAR DATED 10.12.2015, ISSUED BY THE CBDT IN EXERCISE OF THE POWERS CONFERRED IN IT BY SUBSECTIO N (1) OF S.268A, WE ARE OF THE VIEW THAT THE APPEAL FILED HE REIN SHOULD NOT HAVE BEEN PRESSED BY THE REVENUE. THE LEARNED DEPARTMENTAL REPRESENTATIVE FAIRLY ADMITTED THAT THE REVENUE EFFECT IN THIS APPEAL IS LESS THAN THE LIMIT PRESCRIBED IN PARA-3 OF THE ABOVE CIRCULAR ISSUED B Y THE CBDT. HAVING REGARD TO THE CIRCUMSTANCES OF THE CA SE, WE DISMISS THE APPEAL OF THE REVENUE AS WITHDRAWN/N OT PRESSED, AS PRONOUNCED IN THE OPEN COURT. HAVING REGARD TO THE CIRCUMSTANCES OF THE CASE, WE DISMISS THE APPEAL FILED BY THE REVENUE. PRONOUNCED ACCORDINGLY IN THE OPEN COURT. SD/- SD/- (S.RIFAUR RAHMAN) (D.MANMOHAN) ACCOUNTANT MEMBER. VICE PRESIDENT DT/- 19 TH MAY, 2016 COPY FORWARDED TO: 1. SHRI K. VIJAYA BHASKAR REDDY, H.NO.8 - 2 - 283/82/NG/41, ROAD NO.65, NANDAGIRI JHILLS, JUBILEE HILLS, HYDERA BAD 500 033. 2. DY. COMMISSIONER OF INCOME - TAX CIRCLE 1(1), HYDERABAD 3. COMMISSIONER OF INCOME - TAX(APPEALS) II HYDERABAD 4. COMMISSIONER OF INCOME - TAX I, HYDERABAD 5. DEPARTMENTAL REPRESENTATIVE ITAT, HYDERABAD B.V.S.