ITO, WArd-10(2), Hyderabad V. Sri Balaji Wines, Secunderabad

ITA 593/HYD/2011

• Counselvise Citation: [2012] 140 COUNSELVISE.COM (IT) 66360 (ITAT-HYDERABAD)
• Duration Of Justice: 1 year(s) 6 month(s) 3 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 12-10-2012
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2006-2007
• Appeal Filed On: 08-04-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: T DIWAKAR PRASAD
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD A BENCH, HYDERABAD BEFORE SHRI CHANDRA POOJARI, AM AND SMT. ASHA VIJAYARAGHAVAN, JM ITA NO. 593/HYD/2011 ASSESSMENT YEAR 2006-07 THE INCOME-TAX OFFICER WARD-10(2) HYDERABAD VS SRI BALAJI WINES, SECUNDERABAD PAN: AACAS5361H APPELLANT RESPONDENT APPELLANT BY: SHRI T. DIWAKAR PRASAD RESPONDENT BY: NONE DATE OF HEARING: 12.10.2011 DATE OF PRONOUNCEMENT: 12.10.2011 ORDER PER CHANDRA POOJARI, AM THIS APPEAL BY THE REVENUE IS DIRECTED AGAINST THE ORDER PASSED BY THE CIT-VI, HYDERABAD DATED 3.12.2010 AND PERTAI NS TO ASSESSMENT YEAR 2006-07. 2. AT THE VERY OUTSET THE LEARNED COUNSEL FOR THE A SSESSEE CONTENDED THAT THE TAX EFFECT INVOLVED IN THIS APPE AL IS BELOW THE PRESCRIBED LIMIT OF RS. 2 LAKHS FOR FILING THE APPE AL BEFORE THE TRIBUNAL BY THE REVENUE AS PER THE CBDT CIRCULAR. THE LEARN ED DR FAIRLY CONCEDED THE SAME. 3. AFTER HEARING BOTH THE PARTIES, WE FIND THAT THE TAX EFFECT INVOLVED IN THIS APPEAL IS LESS THAN RS. 2 LAKHS AS PER THE LIMIT PRESCRIBED BY THE CBDT FOR FILING OF APPEAL BY THE REVENUE BEFORE THE TRIBUNAL. IN SUCH A SITUATION THE APPEAL FILED IN CONTRAVENTION OF SU CH LIMIT CANNOT BE SUSTAINED. THE HONBLE BOMBAY HIGH COURT IN THE CA SE OF CIT VS. CAMCO COLOUR CO., 254 ITR 565 AND CERTAIN OTHER JUD GEMENTS HAS HELD THAT WHERE THE TAX EFFECT INVOLVED IN THE APPEAL FI LED BY THE REVENUE IS ITA NO. 593/HYD/2011 M/S. SRI BALAJI WINES =================== 2 LESS THAN THE MONETARY LIMIT AS PRESCRIBED IN BOARD CIRCULAR, THE SAME IS NOT MAINTAINABLE. RESPECTFULLY FOLLOWING THE PR ECEDENT, WE DISMISS THE APPEAL FILED BY THE REVENUE AS NOT MAINTAINABLE . 4. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISM ISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 12 TH OCTOBER, 2011 SD/- (ASHA VIJAYARAGHAVAN) JUDICIAL MEMBER SD/- (CHANDRA POOJARI) ACCOUNTANT MEMBER HYDERABAD, DATED THE 12 TH OCTOBER, 2011 COPY FORWARDED TO: 1. INCOME-TAX OFFICER, WARD 10(2), ROOM NO. 514, BL OCK 5A, 5 TH FLOOR, IT TOWERS, AC GUARDS, HYDERABAD. 2. SRI BALAJI WINES, 50/B/2, PICKET, VASAVI NAGAR, SECUNDERABAD. 3. THE CIT(A)-VI, HYDERABAD. 4. THE CIT-V, HYDERABAD 5. THE DR, A BENCH, ITAT, HYDERABAD TPRAO