M/s Tirumala Milk Products Pvt.Ltd., Narasaraopeta V. THE DCIT, Guntur

CO 21/VIZ/2015

• Counselvise Citation: [2016] 123 COUNSELVISE.COM (IT) 2581 (ITAT-VISAKHAPATNAM)
• Duration Of Justice: 1 year(s) 3 month(s) 25 day(s)
• Appeal Type: Cross Objection
• Pronouncement Date: 07-11-2016
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2010-2011
• Appeal Filed On: 13-07-2015
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: M BHUPAL REDDY
• Keywords: Tax effect

Judgement Text

ITA NO.128/VIZAG/2015 & CO 21/VIZAG/2015 M/S. TIRULAMA MILK PRODUCTS PVT. LTD., NARASARAOPET 1 , , IN THE INCOME TAX APPELLATE TRIBUNAL, VISAKHAPATNAM BENCH, VISAKHAPATNAM . , . , $ BEFORE SHRI V. DURGA RAO, JUDICIAL MEMBER & SHRI G. MANJUNATHA, ACCOUNTANT MEMBER ./I.T.A.NO.128/VIZAG/2015 ( / ASSESSMENT YEAR: 2010-11) DCIT, CIRCLE - 2(1), GUNTUR VS. M/S. TIRUMALA MILK PRODUCTS PVT. LTD., NARASARAOPET [PAN: AABCT7907M ] ( % / APPELLANT) ( &'% / RESPONDENT) C.O. NO.21/VIZAG/2015 (ARISING OUT OF I.T.A.NO.128/VIZAG/2015) ( / ASSESSMENT YEAR: 2010-11) M/S. TIRUMALA MILK PROD UCTS PVT. LTD., NARASARAOPET VS. DCIT, CIRCLE - 2(1), GUNTUR ( % / APPELLANT) ( &'% / RESPONDENT) / APPELLANT BY : SHRI M. BHUP AL REDDY, DR / RESPONDENT BY : SHRI G.V.N. HARI, AR / DATE OF HEARING : 02.11.2016 / DATE OF PRONOUNCEMENT : 07.11.2016 ITA NO.128/VIZAG/2015 & CO 21/VIZAG/2015 M/S. TIRULAMA MILK PRODUCTS PVT. LTD., NARASARAOPET 2 / O R D E R PER V. DURGA RAO, JUDICIAL MEMBER: THESE CROSS APPEALS FILED BY THE REVENUE AND THE AS SESSEE ARE DIRECTED AGAINST THE ORDER OF THE CIT(A)-I, GUNTUR DATED 8.1.2015 FOR THE ASSESSMENT YEAR 2010-11. THE CROSS OBJECTION FILED BY THE ASSESSEE IS IN SUPPORT OF THE ORDER OF CIT(A). 2. THERE IS A DELAY OF 5 DAYS IN FILING THE APPEAL BY THE REVENUE. THE LD. D.R. HAS REQUESTED TO CONDONE THE DELAY. WE FIN D THAT THERE IS A SUFFICIENT CAUSE FOR NOT FILING THE APPEAL WITHIN T IME BY REVENUE. ACCORDINGLY, DELAY IS CONDONED. 3. WHEN THIS APPEAL IS TAKEN UP FOR HEARING, THE LD. COUNSEL FOR THE ASSESSEE HAS SUBMITTED THAT THE TAX EFFECT INVOLVED IN THIS APPEAL IS BELOW RS.10 LAKHS. AS PER THE LATEST CIRCULAR NO.2 1/2015 DATED 10.12.2015 OF CBDT BEING RETROSPECTIVE IN NATURE, T HE APPEAL FILED BY THE REVENUE IS NOT MAINTAINABLE. THE LD. D.R. HAS NOT RAISED ANY OBJECTION. IN VIEW OF THE ABOVE, THE APPEAL FILED BY THE REVENUE IS NOT MAINTAINABLE. HENCE, THE SAME IS DISMISSED. ITA NO.128/VIZAG/2015 & CO 21/VIZAG/2015 M/S. TIRULAMA MILK PRODUCTS PVT. LTD., NARASARAOPET 3 4. THE CROSS APPEAL FILED BY THE ASSESSEE ONLY SUPP ORT THE ORDER OF LD. CIT(A). IN VIEW OF THE ABOVE, CROSS APPEAL IS DISMISSED. 5. IN THE RESULT, THE APPEAL FILED BY THE REVENUE I S DISMISSED AND THE CROSS APPEAL FILED BY THE ASSESSEE IS ALSO DISMISSED. THE ABOVE ORDER WAS PRONOUNCED IN THE OPEN COURT ON 7 TH NOV16. SD/- SD/- ( . ) ( . ) (G. MANJUNATHA) (V. DURGA RAO) /ACCOUNTANT MEMBER /JUDICIAL MEMBER ! /VISAKHAPATNAM: % /DATED : 07.11.2016 VG/SPS '! (! /COPY OF THE ORDER FORWARDED TO:- 1. / THE APPELLANT THE DCIT, CIRCLE-2(1), GUNTUR 2. / THE RESPONDENT M/S. TIRUMALA MILK PRODUCTS PVT . LTD., 12-8-8, PRAKASHNAGAR, NARASARAOPET. 3. ) / THE CIT, GUNTUR 4. ) ( ) / THE CIT(A)-I, GUNTUR 5. ! , , , , ! / DR, ITAT, VISAKHAPATNAM 6 . / GUARD FILE / BY ORDER // TRUE COPY // /0 , (SR.PRIVATE SECRETARY) , , ! / ITAT, VISAKHAPATNAM