The DCIT, Vijayawada V. Lingam Ravindra Rao, Vijayawada

MA 4/VIZ/2017

• Counselvise Citation: [2019] 115 COUNSELVISE.COM (IT) 4744 (ITAT-HYDERABAD)
• Duration Of Justice: 2 year(s) 1 month(s) 30 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 15-03-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB-B
• Next Hearing Date: 11-01-2019
• Assessment Year: 2009-2010
• Appeal Filed On: 16-01-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: A C ROUT
• Assessee Lawyers: M CHANDRAMOULESWARA RAO
• Keywords: Tax effect

Judgement Text

MA NO 4 LINGAM RAVINDRA RAO VIJAYAWADA. PAGE 1 OF 3 IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD B BENCH, HYDERABAD BEFORE SMT. P. MADHAVI DEVI, JUDICIAL MEMBER AND SHRI S.RIFAUR RAHMAN, ACCOUNTANT MEMBER M.A. NO.4/HYD/2017 (ARISING OUT OF ITA NO.1176/HYD/2013) (ASSESSMENT YEAR: 2009-10) DY. COMMISSIONER OF INCOME TAX, CIRCLE 2(1) VIJAYAWADA VS SHRI LINGAM RAVINDRA RAO VIJAYAWADA PAN: AAMPL1674R (APPELLANT) (RESPONDENT) FOR REVENUE : SHRI A.C. ROUT, DR FOR ASSESSEE: SHRI M.CHANDRA MOULESWARA RAO O R D E R PER SMT. P. MADHAVI DEVI, J.M. THIS MISCELLANEOUS APPLICATION IS FILED BY THE REVE NUE SEEKING RECALL OF THE ORDER OF THE TRIBUNAL IN ITA NO.1126/HYD/2013 DATED 20.07.2016 DISMISSING THE RE VENUES APPEAL ON ACCOUNT OF LOW TAX EFFECT. 2. IN THE M.A, IT IS STATED THAT THE TAX EFFECT IN THIS APPEAL IS RS.12,63,730/- AND THEREFORE, IT IS MORE THAN RS .10.00 LAKHS AND HENCE THE APPEAL SHOULD BE RESTORED TO THE FILE . AT THE TIME OF HEARING, THE LEARNED COUNSEL FOR THE ASSESSEE POINT ED OUT THAT IN THE REVENUES APPEAL, THE GROUND RAISED WAS AGAINST THE ORDER OF THE CIT (A) ALLOWING THE INTEREST ON BORROWED CAPIT AL AMOUNTING TO DATE OF HEARING: 11.01.2019 DATE OF P RONOUNCEMENT : 15.03.2019 MA NO 4 LINGAM RAVINDRA RAO VIJAYAWADA. PAGE 2 OF 3 RS.31,17,156/-. HE POINTED OUT THAT THERE WAS NO SU CH DISALLOWANCE OR ADDITION MADE BY THE AO IN THE ASSE SSMENT ORDER NOR WAS THERE ANY DECISION ON THE SAME BY THE CIT ( A). THEREFORE, HE SUBMITTED THAT THIS FACT WAS ALSO BROUGHT TO THE NOTICE OF THE HON'BLE BENCH AT VISAKHAPATANAM AND TAKING NOTE OF THIS FACT, THE REVENUES APPEAL WAS DISMISSED ALSO ON ACCOUNT OF LOW TAX EFFECT. 3. THE LEARNED DR WAS ALSO HEARD AND WE FIND THAT T HERE WAS NO ADDITION MADE BY THE AO OF RS.31,17,156/- AN D THEREFORE, THE GROUND RAISED BY THE REVENUE BEFORE THE TRIBUNA L ITSELF WAS NOT ARISING OUT OF THE ASSESSMENT ORDER AND FURTHER EVEN IF THE TAX EFFECT IS MORE THAN RS.10.00 LAKHS, AND IT IS RECAL LED, THE SUBSEQUENT CIRCULAR FIXING THE TAX EFFECT OF RS.20. 00 LAKHS FOR THE APPEALS BEFORE THE TRIBUNAL WOULD APPLY AND IS LIAB LE TO BE DISMISSED AS SUCH. THEREFORE, THE M.A FILED BY THE REVENUE IS REJECTED BOTH ON THE GROUND THAT THE TAX EFFECT IS LOW AND ALSO ON THE GROUND THAT THE GROUNDS RAISED BY THE REVENUE D O NOT EMANATE FROM THE ASSESSMENT ORDER. 4. IN THE RESULT, M.A. IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 15 TH MARCH, 2019. SD/- SD/- (S.RIFAUR RAHMAN) ACCOUNTANT MEMBER (P. MADHAVI DEVI) JUDICIAL MEMBER HYDERABAD, DATED 15 TH MARCH, 2019. VINODAN/SPS MA NO 4 LINGAM RAVINDRA RAO VIJAYAWADA. PAGE 3 OF 3 COPY TO: 1 DY.CIT, CENTRAL CIRCLE 3, HYDERABAD 2 SHRI LINGAM RAVINDRA RAO NO.64-9-2 SBH COMPLEX, P ATAMATA LANKA, VIJAYAWADA 3 CIT (A)-V HYDERABAD 4 CIT CENTRAL, HYDERABAD 5 THE DR, ITAT HYDERABAD 6 GUARD FILE BY ORDER