ACIT, Hyderabad V. S.K. Pandey, Secunderabad

ITSSA 12/HYD/2010

• Counselvise Citation: [2010] 124 COUNSELVISE.COM (IT) 9120 (ITAT-HYDERABAD)
• Duration Of Justice: 3 month(s)
• Appeal Type: Income Tax (Search & Seizure) Appeal
• Pronouncement Date: 09-07-2010
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: misc
• Appeal Filed On: 08-04-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: K V N CHARYA
• Assessee Lawyers: RAVI SESHIGIRI RAO
• Keywords: Tax effect
• Section: 2

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH A', HYDERABAD BEFORE SHRI G.C.GUPTA, VICE PRESIDENT AND SHRI AKBER BASHA, ACCOUNTANT MEMEBR IT(SS)A NO.12/HYD/2010 BLOCK PERIOD 1997-98 TO 2002-03(2/7/2002) ACIT, CENTRAL CIRCLE-5, HYDERABAD V/S. SHRI S.K. PANDEY, SECUNDERABAD (PAN NO.AFEPP 5643 M) (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI K.V.N. CHARYA, DR RESPONDENT BY : SHRI RAVI SESHIGIRI RAO O R D E R PER SHRI G.C. GUPTA, VICE PRESIDENT: THIS APPEAL BY THE REVENUE FOR THE BLOCK PERIOD 1997 -98 TO 02- 07-2002 IS DIRECTED AGAINST THE ORDER OF THE CIT (A). THE GROUNDS OF THE APPEAL OF THE ASSESSEE ARE AS UNDER: ' 1. ON THE CIRCUMSTANCES AND FACTS OF THE CASE, THE CIT (A) OUGHT NOT TO HAVE CANCELLED THE PENALTY LEVIED. 2. THE CIT (A) DID NOT APPRECIATE THE FACT THAT THE ASSESSEE HAS RECEIVED SALARY OUTSIDE THE BOOKS OF ACCOUNT'. 2. THE LEARNED COUNSEL FOR THE ASSESSEE SUBMITTED THAT T HE PRESENT APPEAL BY THE REVENUE IS NOT MAINTAINABLE SINCE THE TAX EFFECT IT(SS)A NO.12/HYD/2010 SHRI S.K.PANDEY, SECUNDERABAD. 2 INVOLVED IN THIS CASE IS LESS THAN RS.2.00 LAKHS. THE LEAR NED DEPARTMENTAL REPRESENTATIVE HAS RELIED ON THE ORDER O F THE ASSESSING OFFICER. 3. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS. WE FIND THA T IN VIEW OF THE CIRCULAR ISSUED BY THE CBDT, THE PRESENT APPEAL F ILED BY THE REVENUE INVOLVING TAX EFFECT OF LESS THAN RS.2.00 LAKHS IS NOT MAINTAINABLE BEFORE THE TRIBUNAL AND ACCORDINGLY THE APPEAL OF THE REVENUE IS DISMISSED IN LIMINE. 4. IN THE RESULT THE APPEAL OF THE REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE COURT ON 09-07-2010. SD/- SD/- (AKBER BASHA) (G.C. GUPTA) ACCOUNTANT MEMBER VICE-PRESIDENT PVV/SPS DATE:09TH JULY, 2010 COPY FORWARDED TO: 1. THE ASSTT.COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE- 5, ROOM NO.803, 8TH FLOOR, AAYKAR BHAVAN, BASHEERBAGH, HYDERA BAD 2. SHRI S.K. PANDEY, H.NO.8-7-199/28, P.NO. 150, PV ENCLAVE, OLD BOWENPALLY, SECUNDERABAD. 3. THE COMMISSIONER OF INCOME-TAX (APPEALS) I, HYDERABAD . 4. THE COMMISSIONER OF INCOME-TAX-(CENTRAL), HYDERABAD 5 THE DEPARTMENTAL REPRESENTATIVE, ITAT, HYDERABAD.