Itc/4/2002 Of The Commissioner Of Income Tax R.mundry v. Rukmini Krishna Modern Rice Mill Kakinad

HON’BLE SRI JUSTICE L. NARASIMHA REDDYANDHON’BLE SRI JUSTICE CHALLA KODANDA RAM I.T.C No. 4 OF 2002 09-07-2014 BETWEEN The Commissioner of Income Tax, Rajahmundry …Petitioner And M/s. Rukmini Krishna Modern Rice Mill, Turangi, Kakinada …..Respondent HON’BLE SRI JUSTICE L. NARASIMHA REDDYANDHON’BLE SRI JUSTICE CHALLA KODANDA RAMI.T.C No. 4 OF 2002 ORDER:(per the Hon'ble Sri Justice L. Narasimha Reddy) This I.T.C is filed under Section 256 (2) of the Income TaxAct, 1961 by the Revenue with a request to require theVisakhapatnam Bench of the Income Tax Appellate Tribunal torefer the question, namely, whether on the facts and in thecircumstances of the case, the ITAT is justified in treating theincome of the assessee for provision of amenities as assessableunder the head ‘Other Sources’? Whatever may have been the circumstances under whichthe case was filed; the learned Senior Counsel for the Income Taxin all fairness submits that the tax impact of the case is toomeagre. The Government also issued circular not to pursue the matters where the tax impact is meagre. Therefore, we do not feelit necessary to require the Tribunal to refer the question. The case is accordingly dismissed. There shall be no orderas to costs. ___________________________ L. NARASIMHA REDDY, J 09-07-2014ks ____________________________ CHALLA KODANDA RAM, J