ITO, Ward-10(2), Hyderabad V. M/s. Sri Balaji Wines, Secunderabad

MA 91/HYD/2012

• Counselvise Citation: [2012] 123 COUNSELVISE.COM (IT) 8987 (ITAT-HYDERABAD)
• Duration Of Justice: 4 month(s) 21 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 07-09-2012
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2006-2007
• Appeal Filed On: 16-04-2012
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: M H NAIK
• Keywords: Audit objection; Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH A', HYDERABAD BEFORE SHRI CHANDRA POOJARI, ACCOUNTANT MEMBER AND SMT. ASHA VIJAYARAGHAVAN, JUDICIAL MEMBER MA NO. 91/HYD/2012 IN ITA NO. 593/HYD/2011 ASSESSMENT YEAR 2006-07 THE INCOME TAX OFFICER WARD-10(2) HYDERABAD VS. M/S. SRI BALAJI WINES SECUNDERABAD PAN: AACAS5361H APPELLANT RESPONDENT APPELLANT BY: SRI M.H. NAIK RESPONDENT BY: NONE DATE OF HEARING: 24.08.2012 DATE OF PRONOUNCEMENT: 07.09.2012 O R D E R PER CHANDRA POOJARI, AM: THIS MISCELLANEOUS APPLICATION BY THE DEPARTMENT I S SEEKING RECALL OF ORDER OF THE TRIBUNAL IN ITA NO. 593/HYD/2011 DATED 12 TH OCTOBER, 2011 WHEREIN THE TRIBUNAL DISMISSED THE APPEAL FILED BY THE REVENUE ON THE REASON THAT THE TAX EFFECT INVOLVED IN THIS APPEAL IS LESS THAN RS. 2 LAKHS. 2. THE LEARNED DR CONTENDED THAT THE CIRCULAR OF THE C BDT ON THE BASIS OF WHICH THE APPEAL OF THE REVENUE WAS DISMISSED IS HAVING NO RELEVANCE IN THIS CASE AND THE APPEAL FALLS UNDER THE EXCEPTIONAL CATEGORY AND THE BOARD INSTRUCTION NO. 3 OF 2011 IS HAVING NO EFFECT. NONE APPEARED FOR THE ASSESSEE. 3. WE HAVE HEARD THE DR. AS ARGUED BY THE LEARNED DR, THE APPEAL HAS BEEN FILED ON THE BASIS OF REVENUE AUDIT OBJECTION. THOUGH THE TAX EFFECT IS LESS THAN RS. 2 LAKHS, THI S APPEAL FALLS UNDER THE EXCEPTIONAL CATEGORY AS SPECIFIED IN BOAR D INSTRUCTION NO. 3 OF 2011. CONSIDERING THE FACTS OF THE CASE, WE ARE INCLINED M.A. NO. 91/HYD/2012 M/S. SRI BALAJI WINES ================== 2 TO RECALL THE ORDER OF THIS TRIBUNAL IN ITA NO. 593 /HYD/2011 DATED 12.10.2011 AND THE APPEAL IS RESTORED ON THE FILE OF THE TRIBUNAL. THE REGISTRY IS DIRECTED TO POST THE APP EAL FOR HEARING ON 4.12.2012. NO NOTICE OF HEARING SHALL BE SENT T O BOTH THE PARTIES AND THIS ORDER ITSELF WILL SERVE AS A NOTIC E OF HEARING. 4. IN THE RESULT, THE MISCELLANEOUS APPLICATION FILED BY THE DEPARTMENT IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 7 TH SEPTEMBER, 2012. SD/- (ASHA VIJAYARAGHAVAN) JUDICIAL MEMBER SD/- (CHANDRA POOJARI) ACCOUNTANT MEMBER HYDERABAD, DATED 7 TH SEPTEMBER, 2012 TPRAO COPY FORWARDED TO: 1. THE INCOME TAX OFFICER, WARD-10(2), ROOM NO. 514 , BLOCK 5A, 5 TH FLOOR, IT TOWERS, AC GUARDS, HYDERABAD. 2. M/S. SRI BALAJI WINES, 50/B/2, PICKET, VASAVI NA GAR, SECUNDERABAD. 3. THE CIT(A)-VI, HYDERABAD. 4. THE CIT-V, HYDERABAD. 5. THE DR A BENCH, ITAT, HYDERABAD