Chandha Choultry, Rajahmundry V. Income Tax Officer (Exemptions), Rajahmundry

CO 119/VIZ/2018

• Counselvise Citation: [2018] 119 COUNSELVISE.COM (IT) 1169 (ITAT-VISAKHAPATNAM)
• Duration Of Justice: 4 day(s)
• Appeal Type: Cross Objection
• Pronouncement Date: 30-11-2018
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2013-2014
• Appeal Filed On: 26-11-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SUMAN MALIK
• Keywords: Tax effect

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL, VISAKHAPATNAM BENCH, VISAKHAPATNAM . , . . , BEFORE SHRI V. DURGA RAO, JUDICIAL MEMBER & SHRI D.S. SUNDER SINGH , ACCOUNTANT MEMBER . / I . T .A.NO. 37 6 /VIZ/201 8 ( / ASSESSMENT YEAR: 20 13 - 14 ) INCOME TAX OFFICER (EXEMPTIONS) RAJAHMUNDRY VS. M/S CHANDHA CHOULTRY D.NO.9 - 1 - 1, NEAR YMVA HALL CHANDHA CHOULTRY STEET RAJAHMUNDRY [PAN : AADTS5450R] ( / APPELLANT) ( / RESPONDENT) CROSS OBJECTION NO. 119 /VIZ/201 8 ARISING OUT OF I .T.A.NO. 37 6 /VIZ/201 8 ( / ASSESSMENT YEAR: 20 13 - 14 ) M/S CHANDHA CHOULTRY RAJAHMUNDRY [PAN : AADTS5450R] VS. INCOME TAX OFFICER (EXEMPTIONS) RAJAHMUNDRY ( / APPELLANT) ( / RESPONDENT) / REVENUE BY : SMT. SUMAN MALIK, DR / ASSESSEE BY : SHRI C.SUBRAHMANYAM AR / DATE OF HEARING : 29 . 11. 2018 / DATE OF PRONOUNCEMENT : 30 . 11 .2018 / O R D E R PER D.S. SUNDER SINGH, ACCOUNTANT MEMBER: THIS APPEAL IS FILED BY THE REVENUE AGAINST THE ORDER OF THE COMMISSIONER OF INCOME TAX(APPEALS) [CIT(A)], RAJAMAHENDRAVARAM VIDE 2 I.T.A. NO . 307 /VIZ/201 6 & CO NO.07 /VIZ/201 7 THE KAKINADA CO - OPERATIVE BUILDING SOCIETY, KAKINADA ITA NO.0007/2015 - 16 DATED 27.04.2018 AND CROSS OBJECTIONS FILED BY THE ASSESSEE IN SUPPORT OF THE ORDER OF THE LD.CIT(A) FOR THE ASSESSMENT YEAR 2013 - 14. 2. WHEN THESE APPEALS ARE TAKEN UP FOR HEARING, THE LD. COUNSEL FOR THE ASSESSEE HAS SUBMITTED THAT THE TAX EFFECT INVOLVED IN TH ESE APPEAL S IS BELOW RS. 2 0 LAKHS. AS PER THE LATEST CIRCULAR NO. 03/2018, DATED 11.07.2018 10.12.2015 OF CBDT BEING RETROSPECTIVE IN NATURE, WHICH IS IN SUPER SESSION OF ITS CIRCULAR NO. 21/2015 DATED 10.12.2015, IN RELATION TO FILING OF APPEALS BEFORE THE INCOME TAX APPELLATE TRIBUNAL, THE APPEAL FILED BY THE REVENUE IS NOT MAINTAINABLE. IN VIEW OF THE ABOVE, THE APPEAL FILED BY THE REVENUE IS NOT MAINTAINABLE . HENCE, THE SAME IS DISMISSED. 3. THE CROSS OBJECTIONS FILED BY THE ASSESSEE IS TIME BARRED AND THE ASSESSEE HAS NOT FILED ANY CONDONATION PETITION FOR CONDONING THE DELAY, HENCE THE CROSS OBJECTIONS FILED BY THE ASSESSEE IS DISMISSED. 4. IN THE RESULT, THE APPEAL FILED BY THE REVENUE AS WELL AS THE CROSS OBJECTIONS FILED BY THE ASSESSEE ARE DISMISSED. 3 I.T.A. NO . 307 /VIZ/201 6 & CO NO.07 /VIZ/201 7 THE KAKINADA CO - OPERATIVE BUILDING SOCIETY, KAKINADA ORDER PRONOUNCED IN THE OPEN COURT ON 30 TH NOVEMBER, 2018. S D/ - S D/ - ( . ) ( . . ) (V. DURGA RAO) ( D.S. SUNDER SINGH ) /JUDICIAL MEMBER /ACCOUNTANT MEMBER /VISAKHAPATNAM /DATED : 30 .11.2018 L.RAMA, SPS / COPY OF THE ORDER FORWARDED TO: - 1. / THE ASSESSEE - M/S CHANDHA CHOULTRY, D.NO.9 - 1 - 1, NEAR YMVA HALL, CHANDHA CHOULTRY STEET, RAJAHMUNDRY 2. / THE REVENUE THE INCOME TAX OFFICER (EXEMPTIONS), RAJAHMUNDRY 3. THE COMMISSIONER OF INCOME TAX (EXEMPTIONS), HYDERABAD 4. THE COMMISSIONER OF INCOME - TAX (APPEALS) , RAJAHMAHENDRAVARAM 5 . , , / DR, ITAT, VISAKHAPATNAM 6 . / GUARD FILE / BY ORDER // TRUE COPY // SR. PRIVATE SECRETARY ITAT, VISAKHAPATNAM