ADIT(E)-III, Hyderabad V. Pallavi Educational Society, R.R.Dist

ITA 464/HYD/2013

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 6074 (ITAT-HYDERABAD)
• Duration Of Justice: 2 year(s) 9 month(s) 14 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 19-01-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 19-01-2016
• Assessment Year: 2009-2010
• Appeal Filed On: 05-04-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: M SITARAM
• 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 B. RAMAKOTAIAH, ACCOUNTANT MEMBER ITA.NO.464/HYD/2013 ASSESSMENT YEAR 2009-2010 ADIT (EXEMPTIONS)-III HYDERABAD 004. VS. PALLAVI EDUCATIONAL SOCIETY, SD ROAD SECUNDERABAD. PAN AAATP3593M (APPELLANT) (RESPONDENT) FOR REVENUE : MR. M. SITARAM FOR ASSESSEE : MR. D. SATYANARAYANA DATE OF HEARING : 19.01.2016 DATE OF PRONOUNCEMENT : 19.01.2016 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)-IV, HYDERABAD DATED 11.01.2013. 2. AT THE TIME OF HEARING, THE LD. D.R., MR. M. SITARAM, SUBMITTED THAT THE TAX EFFECT IN THIS APPE AL IS LESS THAN RS.10 LAKHS AND THEREFORE, REVENUES APPE AL 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, MR. D. SATYANARAYANA. 3. ON PERUSAL OF THE CBDT CIRCULAR NO.21/2015 DATED 10 TH DECEMBER, 2015, WE FIND THAT THE CBDT HAS 2 ITA.NO.464/HYD/2013 PALLAVI EDUCATIONAL SOCIETY, SECUNDERABAD. 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 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 19.01.2016 SD/- SD/- (B. RAMAKOTAIAH) (SMT. P. MADHAVI DEVI) ACCOUNTANT MEMBER JUDICIAL MEMBER HYDERABAD, DATED 19 TH JANUARY, 2016 VBP/- 3 ITA.NO.464/HYD/2013 PALLAVI EDUCATIONAL SOCIETY, SECUNDERABAD. COPY TO 1. ADIT (EXEMPTIONS) - III, 3 RD FLOOR, AAYAKAR BHAVAN, BASHEERBAGH, HYDERABAD - 004. 2. PALLAVI EDUCAITONAL SOCIETY, 7 TH FLOOR, MINERVA COMPLEX, 94-S.D. ROAD, SECUNDERABAD 3. 3. CIT(A) - IV, HYDERABAD. 4. DIT (EXEMPTIONS), HYDERABAD. 5. D.R. ITAT A BENCH, HYDERABAD 6. GUARD FILE