DCIT, Cir-5(1), Hyderabad V. Sahara States Hyderabad, Hyderabad

ITA 599/HYD/2011

• Counselvise Citation: [2015] 140 COUNSELVISE.COM (IT) 98850 (ITAT-HYDERABAD)
• Duration Of Justice: 4 year(s) 8 month(s) 9 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 18-12-2015
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 05-01-2016
• Assessment Year: 2007-2008
• Appeal Filed On: 08-04-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: M SITHARAM
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCHES A : HYDERABAD BEFORE SMT. P. MADHAVI DEVI, JUDICIAL MEMBER AND SHRI S. RIFAUR RAHMAN, ACCOUNTANT MEMBER ITA. NO. 599/HYD/2011 ASSESSMENT YEAR 2007-08 DY. COMMISSIONER OF INCOME TAX, CIRCLE 5(1), HYDERABAD VS., SAHARA STATES HYDERABAD, HYDERABAD PAN AAAJS 2519 Q (APPELLANT) (RESPONDENT) FOR REVENUE : MR. M. SITHARAM FOR ASSESSEE : NONE DATE OF HEARING : 18.12.2015 DATE OF PRONOUNCEMENT : 18.12.2015 ORDER PER S. RIFAUR RAHMAN, A.M. THIS IS REVENUES APPEAL FOR THE A.Y. 2005-06. IN THIS APPEAL, THE REVENUE IS AGGRIEVED BY THE ORDER OF THE LD. CIT(A)-IV, HYDERABAD DATED 10.07.2013. 2. NONE APPEARED ON BEHALF OF THE RESPONDENT-ASSESS EE AT THE TIME OF HEARING OF THIS APPEAL. HOWEVER, WE PROCEED TO DISPOSE OF THIS APPEAL AS THE TAX EFFECT INVOLVE D IN THIS APPEAL IS LESS THAN RS. 10 LAKHS. THEREFORE, REVENU ES APPEAL IS LIABLE TO BE DISMISSED IN VIEW OF CBDT CI RCULAR NO.21/2015 DATED 10 TH DECEMBER, 2015. ON GOING THROUGH THE ASSESSMENT ORDER, WE FIND THAT THE TOTAL INCOME ASSESSED BY THE A.O. IS AT RS. 1,37,76,280/- AND THE TAX EF FECT INVOLVED IN THIS APPEAL FILED BY THE REVENUE IS LES S THAN RS. 10 LAKHS AND THIS POSITION HAS NOT BEEN DISPUTED B Y THE LEARNED DR. THEREFORE, WE ARE WAIVING THE SERVICE O F NOTICE TO THE ASSESSEE AND ARE PROCEEDING TO DISMISS THIS APPEAL ON THE BASIS OF THE ABOVE CBDT CIRCULAR. 2 ITA.NO. 599/HYD/2011 SAHARA STATES HYDERABAD 3. ON PERUSAL OF THE CBDT CIRCULAR NO.21/2015 DATED 10 TH DECEMBER, 2015, WE FIND THAT THE CBDT HAS FIXED THE MONETARY LIMIT FOR FILING OF APPEALS BEFORE THE TRIBUNAL, HONBLE HIGH COURT AND HONBLE SUPREME COURT RESPEC TIVELY. THE MONETARY LIMIT FIXED FOR FILING OF APPEAL BEFOR E THE TRIBUNAL IS RS.10 LAKHS AND IT IS ALSO CLARIFIED TH AT THE TAX EFFECT MEANS THE DIFFERENCE BETWEEN THE TAX ON THE TOTAL INCOME ASSESSED AND THE TAX THAT WOULD HAVE BEEN CHARGEABLE ON SUCH TOTAL INCOME BEING REDUCED BY TH E AMOUNT OF INCOME IN RESPECT OF THE ISSUES AGAINST W HICH, APPEAL IS INTENDED TO BE FILED AND ALSO THAT THE TA X WILL NOT INCLUDE ANY INTEREST THEREON, EXCEPT WHERE CHARGEAB ILITY OF INTEREST ITSELF IS IN DISPUTE. PARA-10 OF THE INSTR UCTION ALSO CLARIFIES THAT THE INSTRUCTION WILL APPLY RETROSPEC TIVELY TO PENDING APPEALS AND APPEALS TO BE FILED HENCEFORTH IN THE HIGH COURTS/ TRIBUNAL AND HAS DIRECTED THE DEPARTM ENT TO EITHER WITHDRAW OR NOT PRESS THE APPEALS BELOW THE SPECIFIED TAX LIMITS. DULY TAKING NOTE OF THE CBDT CIRCULAR N O.21/2015 DATED 10 TH DECEMBER, 2015, WE DISMISS THE APPEAL OF THE REVENUE WITH THE LIBERTY TO THE REVENUE TO SEEK REC ALL OF THIS ORDER IF THIS CASE FALLS WITHIN ANY OF THE EXCEPTIO NS TO THE CBDT CIRCULAR MENTIONED THEREIN. 4. IN THE RESULT, APPEAL OF THE REVENUE IS DISMISS ED. PRONOUNCED IN THE OPEN COURT ON 18 TH DECEMBER, 2015. SD/- SD/- ( P. MADHAVI DEVI) (S. RIFAUR RAHMAN) JUDICIAL MEMBER ACOUNTANT MEM BER HYDERABAD, DATED 18 TH DECEMBER, 2015 3 ITA.NO. 599/HYD/2011 SAHARA STATES HYDERABAD KV COPY TO 1. DCIT, CIRCLE 5(1), 6 TH FLOOR, AAYAKAR BHAVAN, BASHEERBAGH, HYDERABAD. 2. M/S SAHARA STATES HYDERABAD, SAHARA MANZIL, SAIFABA D, HYDERABAD 3. CIT(A)-V, HYDERABAD 4. CIT- IV, HYDERABAD. 5. D.R. I.T.A.T., HYDERABAD. 6. GUARD FILE