ITO, Hyderabad V. M/s MEC Engineering Co., Hyderabad

ITA 552/HYD/2008

• Counselvise Citation: [2012] 140 COUNSELVISE.COM (IT) 66365 (ITAT-HYDERABAD)
• Duration Of Justice: 4 year(s) 6 month(s) 12 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 09-10-2012
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 12-09-2011
• Assessment Year: 2001-2002
• Appeal Filed On: 28-03-2008
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: M H NAIK
• Assessee Lawyers: S RAMA RAO
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH A', HYDERABAD BEFORE SHRI CHANDRA POOJARI, ACCOUNTANT MEMBER AND SMT. ASHA VIJAYARAGHAVAN, JUDICIAL MEMBER I.T.A. NO. 552/HYD/2008 ASSESSMENT YEAR 2001-02 INCOME TAX OFFICER WARD-4(3) HYDERABAD V. M/S. MEC ENGINEERING COMPANY, HYDERABAD PAN: AAFFM7908J APPELLANT RESPONDENT APPELLANT BY: SRI M.H. NAIK RESPONDENT BY: SRI S. RAMA RAO DATE OF HEARING: 09.10.2012 DATE OF PRONOUNCEMENT: 09.10.2012 O R D E R PER CHANDRA POOJARI, AM: THIS APPEAL BY THE REVENUE IS DIRECTED AGAINST THE ORDER OF THE CIT(A)-V, HYDERABAD DATED 15.1.2008 FOR A.Y. 2001-02. 2. THE REVENUE RAISED THE FOLLOWING GROUNDS OF APPEAL: (A) THE ORDER THE CIT(A) IS ERRONEOUS IN LAW OR ON THE FACTS OR BOTH. (B) THE CIT(A) HAS ERRED IN IGNORING RS. 76,491 TOWARDS DISALLOWANCE OF UNSUBSTANTIATED/BOGUS WELDING CHARGES WHICH WAS CONFIRMED BY HIM WHILE DIRECTING THE ASSESSING OFFICER TO COMPUTE MINIMUM PENALTY IN HIS PRESENT ORDER DATED 15.1.2008. 3. AFTER HEARING BOTH THE PARTIES, WE ARE OF THE OPINI ON THAT THE TAX EFFECT INVOLVED IN THIS APPEAL IS LESS THAN RS. 3 LAKHS. BEING SO, IN VIEW OF THE INSTRUCTION NO. 3 OF 2011 (F. NO. 279/MISC. 142/2007-ITJ), DATED 9TH FEBRUARY, 2011 I SSUED BY THE CBDT, THE PRESENT APPEAL OF THE REVENUE INVOLVING T AX EFFECT OF LESS THAN RS. 3 LAKHS IS NOT MAINTAINABLE BEFORE TH IS TRIBUNAL I.T.A. NO. 552/HYD/2008 M/S. MEC ENGINEERING COMPANY ========================= 2 AND ACCORDINGLY THE SAME IS DISMISSED IN LIMINE WIT HOUT ADMITTING THE SAME. 4. IN THE RESULT, APPEAL OF THE REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 9 TH OCTOBER, 2012. SD/- ( ASHA VIJAYARAGHAVAN ) JUDICIAL MEMBER SD/- (CHANDRA POOJARI) ACCOUNTANT MEMBER HYDERABAD, DATED 9 TH OCTOBER, 2012 TPRAO COPY FORWARDED TO: 1. THE INCOME TAX OFFICER, WARD-4(3), 5 TH FLOOR, AAYAKAR BHAVAN, BASHEERBAGH, HYDERABAD. 2. M/S. MEC ENGINEERING COMPANY, 2-2-18/18/4/15, AD ITYA, INDRAPRASTA COLONY, ADJ. TO DD COLONY, HYDERABAD. 3. THE CIT(A)-V, GUNTUR. 4. THE CIT-IV, GUNTUR. 5. THE DR A BENCH, ITAT, HYDERABAD