ITO, Ward-2, Nizamabad, Nizamabad V. R,R. Shamala & Co., Nizamabad, Nizamabad

ITA 782/HYD/2015

• Counselvise Citation: 78222514 RSA 2015
• Duration Of Justice: 6 month(s) 12 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: 29-12-2015
• Assessment Year: 2005-2006
• Appeal Filed On: 05-06-2015
• 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.782/HYD/2015 ASSESSMENT YEAR 2005-2006 THE INCOME TAX OFFICER, WARD-2, NIZAMABAD. VS., M/S. R.R. SHAMALA & CO. NIZAMABAD. PAN AABAM0648Q (APPELLANT) (RESPONDENT) FOR REVENUE : MR. M. SITHARAM FOR ASSESSEE : MR. MOHD. AFZAL DATE OF HEARING : 18.12.2015 DATE OF PRONOUNCEMENT : 18.12.2015 ORDER PER SMT. P. MADHAVI DEVI, J.M. THIS IS REVENUES APPEAL FOR THE A.Y. 2005-06. IN THIS APPEAL, THE REVENUE IS AGGRIEVED BY THE ORD ER OF THE LD. CIT(A) DATED 16.02.2015. 2. AT THE OUTSET, THE LD. COUNSEL FOR THE ASSESSEE , MR. MOHD. AFZAL, SUBMITTED THAT THE TAX EFFECT IN T HIS APPEAL IS RS.9,36,879 AS DETERMINED BY THE A.O. WHI CH 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, TO WHICH LD. D.R. HAS NO OBJECTION. 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 BEFO RE THE 2 ITA.NO.782/HYD/2015 M/S. R.R. SHAMALA & CO., NIZAMABAD. 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 REVENUE TO SEEK RECALL OF THIS ORDER IF THE APPEAL FALLS WITHIN ANY OF THE EXCEPTIONS PROVIDED IN THE CIRCUL AR. 4. IN THE RESULT, APPEAL OF THE REVENUE IS DISMISSED. PRONOUNCED IN THE OPEN COURT ON 18.12.2015. SD/- SD/- (S. RIFAUR RAHMAN) (SMT. P. MADHAVI DEVI) ACOUNTANT MEMBER JUDICIAL MEMBER HYDERABAD, DATED 18 TH DECEMBER, 2015 VBP/- 3 ITA.NO.782/HYD/2015 M/S. R.R. SHAMALA & CO., NIZAMABAD. COPY TO 1. THE INCOME TAX OFFICER, WARD-2, NIZAMABAD. 2. M/S. R.R. SHAMALA & CO., H.NO.5-6-570/2, PRAGATHI NAGAR, NIZAMABAD. 3. CIT(A) - 5, 6A, I.T. TOWERS, A.C. GUARDS, HYDERABAD - 004. 4. CIT - 5, HYDERABAD. 5. D.R. I.T.A.T. A BENCH, HYDERABAD. 6. GUARD FILE