Agricultural Market Committee , Attili V. Income Tax Officer(Exemptions), , Rajahmundry

CO 101/VIZ/2018

• Counselvise Citation: [2018] 119 COUNSELVISE.COM (IT) 1168 (ITAT-VISAKHAPATNAM)
• Duration Of Justice: 18 day(s)
• Appeal Type: Cross Objection
• Pronouncement Date: 30-11-2018
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2003-2004
• Appeal Filed On: 12-11-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: MRS SUMAN MALIK
• Keywords: Tax effect

Judgement Text

ITA NO S . 338 & 339 /V IZ /201 8 & CO NO S . 101 & 102 /V IZ /201 8 ( M/S. AGRICULTURE MARKET COMMITTEE ) 1 IN THE INCOME TAX APPELLATE TRIBUNAL, VISAKHAPATNAM BENCH, VISAKHAPATNAM BEFORE SHRI V. DURGA RAO, HONBLE JUDICIAL MEMBER & SHRI D.S. SUNDER SINGH, HONBLE ACCOUNTANT MEMBER I . T .A.NO S . 338 & 339 /VIZ / 2018 ( ASSESSMENT YEAR: 20 03 - 04 & 2004 - 05 ) ITO (EXEMP TIONS) RAJAHMUNDRY . VS. M/S. AGRICULTURAL MARKET COMMITTEE, ATTILI, WEST GODAVARI DISTRICT. [PAN: AAALA 0351 L ] (APPELLANT) (RESP ONDENT) C.O. NO S . 101 & 102 /V IZ/2017 (ARISING OUT OF I.T.A.NO S . 338 & 339 /VIZ/ 2018) (ASSESSMENT YEAR: 20 03 - 04 & 2004 - 05 ) M/S. AGRICULTURAL MARKET COMMITTEE, ATTILI, WEST GODAVARI DISTRICT. VS. ITO (EXEMPTIONS) RAJAHMUNDRY . [PAN: AAALA 0351 L ] ( APPLICANT ) (RESPONDENT) ASSESSEE BY : SHRI G.V.N. HARI ADVOCATE DEPARTMENT BY : MRS. SUMAN MALIK SR. DR D ATE OF HEARING : 2 7 . 1 1 .201 8 DATE OF P RONOUNCEMENT : 30 . 1 1 .201 8 O R D E R PER BENCH : THESE APPEAL S BY THE REVENUE AND THE CROSS OBJECTION S BY THE ASSESSEE ARE DIRECTED AGAINST THE SEPARATE ORDER S OF LD. C IT(A), ITA NO S . 338 & 339 /V IZ /201 8 & CO NO S . 101 & 102 /V IZ /201 8 ( M/S. AGRICULTURE MARKET COMMITTEE ) 2 RAJAMAHENDRAVARAM , EACH DATED 27.0 3 .201 8 FOR THE ASSESSMENT YEAR S 20 03 - 04 & 2004 - 05 . 2. WHEN THE SE APPEAL S ARE TAKEN UP FOR HEARING, THE LD. COUNSEL FOR THE ASSESSEE HAS SUBMITTED THAT THE TAX EFFECT INVOLVED IN THESE APPEAL S IS BELOW RS.2 0 LAKHS. AS PER THE CBDT CIRCULAR NO. 03 /201 8 DATED 11.07 .201 8 BEING RETROSPECTIVE IN NATURE, THE APPEAL S FILED BY THE REVENUE ARE NOT MAINTAINABLE. THE LD. D.R. DID NOT CONTROVERT THE SUBMISSIONS MADE BY THE ASSESSEES COUNSEL . IN VIEW OF THE ABOVE, THE APPEAL S F ILED BY THE REVENUE ARE NOT MAINTAINABLE , H ENCE, SAME ARE DISMISSED. 3. SO FAR AS CROSS OBJECTION S FILED BY THE ASSESSEE ARE CONCERNED, IN VIEW OF OUR DECISION ABOVE, THE SAME HAVE BECOME INFRUCTUOUS AND ARE DISMISSED ACCORDINGLY . 4. IN THE RESULT, THE APP EAL S FILED BY THE REVENUE AND THE CROSS OBJECTION S FILED BY THE ASSESSEE ARE DISMISSED . O RDER PRONOUNCED IN THE OPEN COURT ON THIS 30 TH DAY OF NOV. , 2018 . S D/ - SD/ - ( D.S. SUNDER SINGH ) ( V. DURGA RAO) ACCOUNTANT MEMBER JUDICIAL MEMBER VISAKHAPATNAM: DATED : 30 / 1 1/ 201 8 VR / - ITA NO S . 338 & 339 /V IZ /201 8 & CO NO S . 101 & 102 /V IZ /201 8 ( M/S. AGRICULTURE MARKET COMMITTEE ) 3 COPY OF THE ORDER FORWARDED TO : - 1. THE ASSESSEE M/S. AGRICULTURAL MARKET COMMITTEE, ATTILI, WEST GODAVARI DISTRICT. 2. THE REVEN UE ITO (EXEMPTIONS), RAJAHMUNDRY . 3. THE PR. CIT (EXEMPTIONS) , HYDERABAD . 4 . THE CIT(A) , RAJAMAHENDRAVARAM. 5 . DR, ITAT, VISAKHAPATNAM 6 . GUARD FILE BY ORDER SENIOR PRIVATE SECRETARY ITAT, VISAKHAPATNAM