ITO, Ward-1(2), Tirupathi, Tirupathi V. Gangalapudi Sreenivasulu Reddy, Tirupathi, Hyderabad

ITA 991/HYD/2017

• Counselvise Citation: [2018] 126 COUNSELVISE.COM (IT) 2578 (ITAT-HYDERABAD)
• Duration Of Justice: 7 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 02-02-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2009-2010
• Appeal Filed On: 09-06-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: P V SUBBA RAJU
• Assessee Lawyers: K A SAI PRASAD
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCHES B BENCH: HYDERABAD BEFORE SHRI V. DURGA RAO, JUDICIAL MEMBER AND SHRI D.S. SUNDER SINGH, ACCOUNTANT MEMBER ITA. NO.991/HYD/2017 ASSESSMENT YEAR:2009 - 2010 INCOME TAX OFFICER, WARD - 1(2), TIRUPATI. VS. SRI GANGALAPUDI SREENIVASULU REDDY, 402, MAHALAKSHMI MANSION, B.K. GUDA, S.R. NAGAR, HYDERABAD. PAN: AFYPG 4605 E (APPELLANT) (RESPONDENT) FOR ASSESSEE: SHRI K.A. SAI PRASAD FOR REVENUE : SHRI P.V. SUBBARAJU, DR DATE OF HEARING : 02.02.2018 DATE OF PRONOUNCEMENT : 02.0 2 .2018 ORDER PER V. DURGA RAO, JM : THIS APPEAL IS FILED AT THE INSTANCE OF THE REVENUE AND IT PERTAINS TO ASSESSMENT YEAR 200 9 - 2 0 10 . 2. AT THE TIME OF HEARING, LD COUNSEL FOR THE ASSESSEE BRIEFLY NARRATED THE FACTS OF THE CASE AND BROUGHT TO OUR NOTICE THAT THE TAX EFFECT INVOLVED IN THIS APPEAL IS LESS THAN RS.10 LAKHS. HENCE, THE CIRCULAR ISSUED BY CBDT VIDE NO.21/2015 DATED 10 TH DECEMBER, 2015 BEARING F.NO.279/M ISC.142/2007 - ITI(PT) IS APPLICABLE . IN THIS REGARD, LD DEPARTMENTAL REPRESENTATIVE HAS NO OBJECTION WITH REGARD TO THE TAX EFFECT INVOLVED IN THIS APPEAL . 2 3. SINCE IT IS NOT IN DISPUTE THAT THE TAX EFFECT IN THIS APPEAL IS LESS THAN RS.10 LAKHS, THE CIR CULAR ISSUED BY THE CBDT IS BINDING ON THE REVENUE AND THE PRESENT APPEAL OF THE REVENUE IS LIABLE TO BE DISMISSED AS WITHDRAWN. HAVING REGARD TO THE CIRCUMSTANCES OF THE CASE, WE DISMISS THE APPEAL FILED BY THE REVENUE. 4. IN THE RESULT, APPEAL OF THE RE VENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 2 ND FEBRUARY, 2018. S D / - S D / - ( D.S. SUNDER SINGH ) ( V. DURGA RAO ) ACCOUNTANT MEMBER JUDICIAL MEMBER HYDERABAD, DATED: 02 ND FEBRUARY, 2018. OKK, SR.PS COPY TO 1. SRI GANGALAPUDI SREENIVASULU REDDY, 402, MAHALAKSHMI MANSION, B.K. GUDA, S.R. NAGAR, HYDERABAD. 2. INCOME TAX OFFICER, WARD - 1(2), AAYAKAR BHAVAN, K.T. ROAD, TIRUPATI. 3. CIT (A), TIRUPATI. 4. PR. COMMISSIONER OF INCOME TAX, TIRUPATI. 5. DR, ITAT, HYDERABAD. 6. GUARD FILE