HON’BLE SRI JUSTICE L. NARASIMHA REDDY AND HON’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 REDDY AND HON’BLE SRI JUSTICE CHALLA KODANDA RAM I.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 Tax Act, 1961 by the Revenue with a request to require the Visakhapatnam Bench of the Income Tax Appellate Tribunal to refer the question, namely, whether on the facts and in the circumstances of the case, the ITAT is justified in treating the income of the assessee for provision of amenities as assessable under the head ‘Other Sources’?
Whatever may have been the circumstances under which the case was filed; the learned Senior Counsel for the Income Tax in all fairness submits that the tax impact of the case is too meagre. The Government also issued circular not to pursue the matters where the tax impact is meagre. Therefore, we do not feel it necessary to require the Tribunal to refer the question.
The case is accordingly dismissed. There shall be no order as to costs.
L. NARASIMHA REDDY, J CHALLA KODANDA RAM, J 09-07-2014 ks