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Income Tax Appellate Tribunal, HYDERABAD BENCH “B”, HYDERABAD
Before: SMT. P. MADHAVI DEVI & SHRI INTURI RAMA RAO
IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH “B”, HYDERABAD BEFORE SMT. P. MADHAVI DEVI, JUDICIAL MEMBER AND SHRI INTURI RAMA RAO, ACCOUNTANT MEMBER ITA No. 1137/Hyd/2017 Assessment Year: 2006-07 ITO, vs. M/s Anjana Marketing Ward -9(2), Agencies, Hyderabad Hyderabad.
PAN – AADFA0076B
(Applicant) (Respondent) Revenue by : Shri R.S Arvindhakshan Assessee by : Shri S. Rama Rao
Date of hearing : 20-08-2018 Date of pronouncement : 24-08-2018 ORDER PER P. MADHAVI DEVI, J.M.: This is Revenue’s appeal for the A.Y 2006-07 against the order of the CIT(A)-7, Hyderabad dated 07.11.2016. Assessee has raised the following grounds of appeal:
“1. Ld. CIT(A) erred both on facts and law of the case. 2. The Ld. CIT(A) erred in deleting the disallowance of Rs. 18,18,195/- made u/s 40(a)(ia) holding that provisions of Sec. 40(a)(ia) are not applicable to the facts of the case. 3. The Ld. CIT(A) erred in holding that the assessee has already paid the commission and hence the provisions of Sec. 40(a)(ia) are not applicable. 4. Any other ground(s) that may be urged at the time of hearing
2 ITA.No. 1137/Hyd/2017 M/s Anjana Marketing Agencies, Hyderabad. 2. At the time of hearing, it has been brought to our notice that the tax effect in this appeal is less than Rs. 20 lakhs. On verification of the assessment order, it is noticed that the addition which has been deleted by the CIT(A) is only Rs. 18,18,195/-. In the light of the CBDT Circular No. 03/2018 dated 11.07.2018 the Revenue’s appeal is dismissed on account of low tax effect. With the liberty to the Revenue to approach this Tribunal in an M.A if the case falls under any of the exceptions to the above circular.
In the result, appeal filed by the Revenue is dismissed.
Pronounced in the open court on 24th August, 2018.
Sd/- Sd/- (INTURI RAMA RAO) (P. MADHAVI DEVI) ACCOUNTANT MEMBER JUDICIAL MEMBER
Hyderabad, Dated: 24th August, 2018 KRK 1) M/s Anjana Marketing Agencies, 17-1-386/SM/ 5 M.N. Reddy Bhavan, Champapet, Hyderabad – 59. 2) ITO, Ward - 9(2), Hyderabad. 3) CIT(A)-7, Hyderabad. 4) Addl.CIT, Range-9, Hyderabad. 5) The Departmental Representative, I.T.A.T., Hyderabad. 6) Guard File.