ITO, WARD-1(2), TIRUPATHI, TIRUPATHI vs. GANGALAPUDI SREENIVASULU REDDY, TIRUPATHI, HYDERABAD

PDF · subscribers
ITA 991/HYD/2017Status: DisposedITAT Hyderabad20 October 2021AY 2009-103 pages

In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal noted that the original assessment involved the audit objection, but the current assessment was framed under Section 263 revision directions. Therefore, the tax effect was considered to be Rs. 50 lakhs as per the latest CBDT circular.

What were the facts?

The Revenue filed an appeal against the CIT(A)'s order concerning the assessment year 2009-10. The appeal's tax effect was initially considered to be below the threshold for appeal, but this was later recalled due to it being an instance of Revenue Audit Party (RAP) objections.

What were the issues?

The primary issue was whether the Revenue's appeal met the minimum tax effect threshold for filing an appeal, considering the nature of the assessment proceedings.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 263

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, HYDERABAD ‘B’ BENCH, HYDERABAD.

For Appellant: Shri YVST Sai. (D.R.)

Income Tax Officer, Ward 1(2), Tirupathi. …..Appellant. Vs. Shri G.Sreenivasulu Reddy, Hyderabad. PAN AFYPG 4605E …..Respondent. Appellant By : Shri YVST Sai. (D.R.) Respondent By : Shri K.A. Sai Prasad. Date of Hearing : 04.10.2021. Date of Pronouncement : 20.10.2021. O R D E R Per Shri S.S. Godara, J.M. : This Revenue’s appeal for Asst. Year 2009-10 arises from the Commissioner of Income Tax (Appeals), Tirupati’s order dt.30.03.2017 passed in case No.387/2014- 15/CIT(A)/TPT in proceedings under Section 143(3) r.w.s. 263 of Income Tax Act, 1961 (‘the Act’).

Heard both the parties. Case file perused.

2.

We notice at the outset the Revenue’s instant appeal involves tax effect of Rs.9,69,680 only going by the CIT(A)’s order. There is further no change therein so far as the Revenue’s grounds pleaded before us are concerned.

3.

Learned department representative pointed out at this stage that the tribunal's earlier order dt.2.2.2018 had dismissed the instant deparmental appeal on account of involving lower than Rs.10 lakhs tax effect which stood recalled on 1.10.2018 on the ground that it was an instance of revenue audit party (RAP) objections duly taken as an exception in the CBDT corresponding circular No.21/2015 dt.10.12.2015. We observe in this factual backdrop that it was only the Assessing Officer’s original assessment framed on 17.12.2011 which involves the foregoing Revenue’s audit objection than the instant second round assessment dt.31.3.2014 framed in light of the CIT/PCIT’s section 263 revision directions dt.21.12.2012. We therefore conclude that the Revenue’s instant appeal involves tax effect of Rs.50 lakhs as per the latest CBDT circular dated

08.08.2019. The same is therefore rejected in the foregoing terms.

4.

This Revenue’s appeal is dismissed as involving lower than prescribed tax effect in above terms.

Order pronounced in the open court on 20th Oct., 2021.

Sd/- Sd/- (L.P. SAHU) (S.S. GODARA) Accountant Member Judicial Member Hyderabad, Dt.20.10.2021. * Reddy gp Copy to :

1. 1. Shri G. Sreenivasulu Reddy, Flat No.402, Mahalaxmi Mansion, B K Guda,Sanjeevreddy Nagar, Hyderabad.

More judgments on Section 263

All 13,616 judgments and leading authorities on Section 263 →

Recent GST High Court judgments

Search GST case law →