ITO, Ward-1, Chittoor, Chittoor V. C.P. Doraswamy & Co. Transport, Chittoor, Chittoor

ITA 604/HYD/2015

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 6031 (ITAT-HYDERABAD)
• Duration Of Justice: 9 month(s) 18 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 29-02-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 29-02-2016
• Assessment Year: 2008-2009
• Appeal Filed On: 11-05-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: M SITARAM
• 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.604/HYD/2015 ASSESSMENT YEAR 2008-2009 THE INCOME TAX OFFICER, WARD-1, CHITTOOR. VS. M/S. C.P. DORAISWAMY & CO. TRANSPORT, CHITTOOR. PAN AADFC7006R (APPELLANT) (RESPONDENT) FOR REVENUE : MR. M. SITARAM FOR ASSESSEE : -NONE- DATE OF HEARING : 29.02.2016 DATE OF PRONOUNCEMENT : 29.02.2016 ORDER PER SMT. P. MADHAVI DEVI, J.M. THIS IS REVENUES APPEAL FOR THE A.Y. 2008-2009. IN THIS APPEAL, THE REVENUE IS AGGRIEVED BY THE ORD ER OF THE LD. CIT(A), TIRUPATHI (I/C) DATED 23.02.2015. 2. NONE APPEARED ON BEHALF OF THE RESPONDENT- ASSESSEE AT THE TIME OF HEARING OF THIS APPEAL. HOW EVER, WE PROCEED TO DISPOSE OF THE APPEAL AS THE TAX EFFECT INVOLVED IN THIS APPEAL IS LESS THAN RS.10 LAKHS. THEREFORE, RE VENUES 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 ASS ESSED BY THE A.O. IS AT RS.24,52,900 AND THE TAX EFFECT INVO LVED IN THIS APPEAL FILED BY THE REVENUE IS LESS THAN RS.10 LAKH S AND THIS POSITION HAS BEEN CONFIRMED BY THE LEARNED D.R. THE REFORE, WE ARE WAIVING THE SERVICE OF NOTICE TO THE ASSESSEE A ND ARE 2 ITA.NO.604/H/2015 M/S. CP DORAISWAMY AND CO. TRANSPORT, CHITTOOR. PROCEEDING TO DISMISS THIS APPEAL ON THE BASIS OF T HE ABOVE CBDT CIRCULAR. 4. 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 THAT THE TA X 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 THE AMOUNT OF INCOME IN RES PECT OF THE ISSUES AGAINST WHICH, APPEAL IS INTENDED TO BE FILED AND ALSO THAT THE TAX WILL NOT INCLUDE ANY INTEREST THE REON, EXCEPT WHERE CHARGEABILITY OF INTEREST ITSELF IS IN DISPUT E. PARA-10 OF THE INSTRUCTION ALSO CLARIFIES THAT THE INSTRUCTION WILL APPLY RETROSPECTIVELY TO PENDING APPEALS AND APPEALS TO B E FILED HENCEFORTH IN THE HIGH COURTS/TRIBUNAL AND HAS DIRE CTED THE DEPARTMENT TO EITHER WITHDRAW OR NOT PRESS THE APPE ALS BELOW THE SPECIFIED TAX LIMITS. DULY TAKING NOTE OF THE C BDT CIRCULAR NO.21/2015 DATED 10 TH DECEMBER, 2015, WE DISMISS THE APPEAL OF THE REVENUE WITH LIBERTY TO REVENUE TO SEEK RECA LL OF THIS ORDER IF THE APPEAL FALLS WITHIN ANY OF THE EXCEPTI ONS PROVIDED IN THE CIRCULAR. 4. IN THE RESULT, APPEAL OF THE REVENUE IS DISMISS ED. ORDER PRONOUNCED IN THE OPEN COURT ON 29.02.2016 SD/- SD/- (B. RAMAKOTAIAH) (SMT. P. MADHAVI DEVI) ACCOUNTANT MEMBER JUDICIAL MEMBER HYDERABAD, DATED 29 TH FEBRUARY, 2016 VBP/- 3 ITA.NO.604/H/2015 M/S. CP DORAISWAMY AND CO. TRANSPORT, CHITTOOR. COPY TO 1. THE INCOME TAX OFFICER, WARD - 1, GANDHI ROAD, CHITTOOR 517 001. 2. M/S. C.P. DORAISWAMY & CO. TRANSPORT, 2 - 203, CMT ROAD, KONGAREDDIPALLI, CHITTOOR. 3 . CIT(A), TIRUPATHI (I/C.) 4. CIT, TIRUPATI . 5. D.R. ITAT A BENCH, HYDERABAD 6. GUARD FILE.