DCIT, Circle-16(1), Hyderabad V. M/s. Novo Agritech Ltd., Medak

MA 222/HYD/2011

• Counselvise Citation: [2012] 123 COUNSELVISE.COM (IT) 8045 (ITAT-HYDERABAD)
• Duration Of Justice: 5 month(s) 3 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 13-04-2012
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: misc
• Appeal Filed On: 09-11-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH B', HYDERABAD BEFORE SHRI CHANDRA POOJARI, ACCOUNTANT MEMBER AND SMT. ASHA VIJAYARAGHAVAN, JUDICIAL MEMBER M.A. NO. 222/HYD/2011 ARISING OUT OF ITA NO. 186/HYD/2011 (ASSESSMENT YEAR : 2006-07) DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE-16(1), HYDERABAD. VS. M/S. NOVA AGRITECH LTD. PASHA MYLARAM, MEDAK DIST. PAN: AAACN7990H APPELLANT RESPONDENT APPELLANT BY: SHRI GANGADHAR PANDA RESPONDENT BY: SHRI MOHD. AFZAL DATE OF HEARING: 13 .0 4 .2012 DATE OF PRONOUNCEMENT: 13 .0 4 .2012 O R D E R PER CHANDRA POOJARI, AM: THIS MISCELLANEOUS APPLICATION (MA) IS FILED BY TH E REVENUE SEEKING RECALL OF ORDER OF THE TRIBUNAL IN I.T.A. N O. 186/HYD/2011 DATED 12 TH JULY, 2011. 2. FACTS OF THE CASE ARE THAT THIS APPEAL WAS DISMISSE D BY THE TRIBUNAL FOLLOWING THE INSTRUCTION NO. 3 OF 2011 (F .NO. 279/MISC. 142/2007/ITJ) DATED 9 TH FEBRUARY, 2011 ISSUED BY THE CBDT AS THE TAX EFFECT IN THIS APPEAL IS LESS THAN RS. 3 LA KHS. AGAINST THIS THE REVENUE FILED THE PRESENT MISCELLANEOUS APPLICA TION FOR RECALLING THE TRIBUNAL ORDER AND CONSIDERING THE CA SE AFRESH. 3. THE LEARNED DR SUBMITTED THAT WHILE ADJUDICATING TH E APPEAL THE TRIBUNAL HAS NOT CONSIDERED THAT THE APP EAL WAS FILED BEFORE THE TRIBUNAL ON 4.2.2011 DURING WHICH PERIOD MONETARY LIMITS AS PER THE BOARD'S INSTRUCTION NO. 5/2008 DA TED 15.5.2008 WAS APPLICABLE. AS PER THIS INSTRUCTION, AN APPEAL BEFORE THE TRIBUNAL CAN BE MADE IF THE TAX EFFECT EXCEEDS RS. 2 LAKHS AND THE M.A. NO. 222/HYD/2011 M/S. NOVA AGRITECH LTD. =================== 2 TAX EFFECT IN THE INSTANT CASE IS RS. 2,65,683. TH E LEARNED DR SUBMITTED THAT THE INSTRUCTION NO. 3 OF 2011 (F. NO . 279/MISC. 142/2007/ITJ) DATED 9 TH FEBRUARY, 2011 ISSUED BY THE CBDT CAME INTO EFFECT ONLY FROM 9.2.2011 WHEREAS THIS AP PEAL WAS FILED BEFORE THE TRIBUNAL ON 4.2.2011. ACCORDINGLY, THE DR PRAYED THAT THE ORDER OF THE TRIBUNAL IN ITA NO. 186/HYD/2011 D ATED 12 TH JULY, 2011 MAY BE RECALLED AND THE APPEAL BE RESTOR ED TO THE FILE OF THE TRIBUNAL FOR FRESH CONSIDERATION. 4. THE LEARNED COUNSEL FOR THE ASSESSEE SUPPORTED THE ORDER OF THE TRIBUNAL. 5. WE HAVE HEARD BOTH THE PARTIES AND CONSIDERED THE M ATERIAL ON RECORD. THE TRIBUNAL IS CONSISTENTLY FOLLOWING THE INSTRUCTION NO. 3 OF 2011 (F. NO. 279/MISC. 142/2007/ITJ) DATED 9 TH FEBRUARY, 2011 ISSUED BY THE CBDT WHEREIN IT WAS DI RECTED THAT THE REVENUE SHOULD NOT FILE APPEALS BEFORE THE TRIB UNAL WHERE THE TAX EFFECT IS LESS THAN RS. 3 LAKHS. ACCORDINGLY, WE FIND NO MISTAKE APPARENT FROM THE ORDER OF THE TRIBUNAL. 6. IN THE RESULT, MA FILED BY THE REVENUE IS DISMISSED . ORDER PRONOUNCED IN THE OPEN COURT ON 13 TH APRIL, 2011. SD/ - (ASHA VIJAYARAGHAVAN) JUDICIAL MEMBER SD/ - (CHANDRA POOJARI) ACCOUNTANT MEMBER HYDERABAD, DATED THE 13 TH APRIL, 2012 COPY FORWARDED TO: 1. THE DEPUTY COMMISSIONER OF INCOME - TAX, CIRCLE 16(1), HYDERABAD. 2. M/S. NOVA AGRITECH LTD., P.NO. 164, 165, 178 & 179, APIIC, IDA, PASHA MYLARAM, MEDAK DISTRICT. 3. THE CIT (A) - V , HYDERABAD. 4. THE CIT - IV, HYDERABAD. 5. THE DR B BENCH, ITAT, HYDERABAD TPRAO