Asst. Commissioner of Income Tax, Circle-4(1), Hyderabad V. Sri Gowtham Educational Society, Hyderabad

ITA 978/Hyd/2018

• Counselvise Citation: [2019] 118 COUNSELVISE.COM (IT) 0277 (ITAT-HYDERABAD)
• Duration Of Justice: 10 month(s) 14 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 29-03-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB-A
• Next Hearing Date: 26-03-2019
• Assessment Year: 2014-2015
• Appeal Filed On: 15-05-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: NEEJU GUPTA
• Assessee Lawyers: C S SUBRAMANYAM
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH A , HYDERABAD BEFORE S MT P. MADHAVI DEVI , JUDICIAL MEMBER AND SHRI S . RIFAUR RAHMAN , ACCOUNTANT MEMBER ITA NO. 9 78 /HYD/201 8 ASSESSMENT YEAR: 20 1 4 - 1 5 ASST. COMMISSIONER OF INCOME - TAX, CIRCLE 4(1), HYDERABAD. VS. SRI GOWTHAM EDUCATIONAL SOCIETY, HYDERABAD. PAN AALTS 4917 M ( A PPELLANT ) (RESPONDENT) REVENUE BY : SMT. NEEJU GUPTA ASSESSEE BY : S HRI C.S. SUBRAMANYAM DATE OF HEARING : 26 / 0 3 /201 9 DATE OF PRONOUNCEMENT : 29 /0 3 / 201 8 O R D E R PER S . RIFAUR RAHMAN , A .M. : THIS APPEAL FILED BY THE REVENUE IS DIRECTED AGAINST THE ORDER OF CIT(A) 1 , DATED 14/02/2018, HYDERABAD FOR AY 20 14 - 15. 2. ON PERUSAL OF RECORD, WE FIND THAT THE DEPARTMENT FILED A LETTER DATED 2 9 /0 9 /201 8 WHEREIN IT WAS STATED THAT SINCE THE NOTIONAL TAX EFFECT IS BELOW THE PRESCRIBED MONETARY LIMIT FOR FILING OF APPEAL BEFORE THE ITAT AND ALSO THIS CASE DOES NOT FALL UNDER THE EXCEPTIONS LAID DOWN IN THE CIRCULAR NO. 3/2018 AND ITS SUBSEQUENT AMENDMENTS VIDE LETTER DATED 20/08/2018, REQUESTED TO WITHDRAW THE APPEAL. AS THERE WAS A SPEC IFIC REQUEST FROM THE REVENUE TO WITHDRAW ITS APPEAL, W E, THEREFORE, PERMIT THE REVENUE TO WITHDRAW ITS APPEAL, WHICH HEREBY STANDS DISMISSED AS WITHDRAWN. 2 ITA NO. 978 /HYD/1 8 SRI GOWTHAM EDUCATIONAL SOCIETY, HYD. 3. IN THE RESULT, APPEAL OF THE ASSESSEE IS DISMISSED. PRONOUNCED IN THE OPEN COURT ON 29 TH MARCH , 201 9. SD/ - SD/ - ( P. MADHAVI DEVI ) (S . RIFAUR RAHMAN ) JUDICIAL MEMBER ACCOUNTANT MEMBER HYDERABAD, DATED: 29 TH MARCH , 2018 KV C OPY TO: - 1) AC IT , CIRCLE 4 ( 1 ) , ROOM NO. 742, D - BLOCK, 7 TH FLOOR, IT TOWERS, AC GUARDS, MASAB TANK, HYD. 2) M/S SRI GOWTHAM EDUCATIONAL SOCIETY, 1 - 7 - 1069, 1 ST FLOOR, WESTER BLOCK, RTC X ROAD, HYDERABAD . 3) CIT(A) 1 , HYDERABAD. 4) PR. CIT - 1 , HYD. 5 ) THE DEPARTMENTAL REPRESENTATIVE, I.T.A.T., HYDERABAD. 6 ) GUARD FILE