Navaratna Estates, , Visakhapatnam V. The Assistant Commissioner of Income Tax, Central Circle-1, , Visakhapatnam

CO 24/VIZ/2019

• Counselvise Citation: [2019] 112 COUNSELVISE.COM (IT) 1207 (ITAT-VISAKHAPATNAM)
• Duration Of Justice: 10 month(s) 17 day(s)
• Appeal Type: Cross Objection
• Pronouncement Date: 18-12-2019
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2014-2015
• Appeal Filed On: 01-02-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: D K SONOWALCIT
• Keywords: Tax effect
• Section: 201

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. 617 / VIZ/201 8 ( / A SSESSMENT Y EAR : 201 4 - 1 5 ) ASST.COMMISSIONER OF INCOME TAX CENTRAL CIRCLE - 1 VISAKHAPATNAM VS. M/S NAVARATNA ESTATES 3 RD FLOOR, D.NO.10 - 1 - 29 CVSV RAGHU CHAMBERS SAMPATH VINAYAK TEMPLE ASILMETTA VISAKHAPATNAM [PAN :AAJFN5785A] ( / APPELLANT) ( / RESPONDENT) CROSS OBJECTION NO.24/VIZ/2019 (ARISING OUT OF I.T.A. NO.617/VIZ/2018) ( / ASSESSMENT Y EAR : 2014 - 15) M/S NAVARATNA ESTATES 3 RD FLOOR, D.NO.10 - 1 - 29 CVSV RAGHU CHAMBERS SAMPATH VINAYAK TEMPLE ASILMETTA VISAKHAPATNAM [PAN :AAJFN5785A] VS. ASST.COMMISSIONER OF INCOME TAX CENTRAL CIRCLE - 1 VISAKHAPATNAM ( / APPELLANT) ( / RESPONDENT) / RESPONDENT BY : SHRI D.K.SONOWAL,CIT, DR / APPELLANT BY : SHRI G.V.N.HARI, AR / DATE OF HEARING : 07 . 11. 201 9 / DATE OF PRONOUNCEMENT : 1 8 .12. 201 9 2 I.T.A. NO. 617 /VIZ/201 8 AND CO NO.24/VIZ/2019 , A.Y.2011 - 12 M/S NAVRATNA ESTATES , VISAKHAPATNAM / O R D E R P ER SHRI D.S.SUNDER SINGH, ACCOUNTANT MEMBER : DELAY : TH IS APPEAL IS FILED BY THE REVENUE WITH THE DELAY OF 11 DAYS. THE DEPARTMENT HAS FILED CONDONATION PETITION REQUESTING FOR CONDONING THE DELAY . WE HAVE CONSIDERED THE SUBMISSIONS MADE BY THE REVENUE AND CONDONE THE DELAY. 2. THIS APPEAL IS FILED BY THE REVENUE AGAINST THE ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS) - 3, VISAKHAPATNAM IN I.T.A.NO.218/2017 - 18/CIT(A) - 3/VSP/2018 - 19 DATED 24.08.2018 AND CROSS OBJECTIONS ARE FILED BY THE ASSESSEE FOR THE ASSESSMENT YEAR (A.Y.)2014 - 15. 3. WHEN TH IS APPEAL IS TAKEN UP FOR HEARING, THE LD. COUNSEL FOR THE ASSESSEE HAS SUBMITTED THAT THE TAX EFFECT INVOLVED IN TH IS APPEAL S IS BELOW RS. 5 0 LAKHS . AS PER THE LATEST CIRCULAR NO. 17/ 201 9 , DATED 08. 0 8. 201 9 OF CBDT, WHICH IS IN SUPERSESSION OF ITS CIRCULAR NO. 3 /2 0 1 8 DATED 1 1.07. 201 8 , IN RELATION TO FILING OF APPEALS BEFORE THE INCOME TAX APPELLATE TRIBUNAL , THE 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. 3 I.T.A. NO. 617 /VIZ/201 8 AND CO NO.24/VIZ/2019 , A.Y.2011 - 12 M/S NAVRATNA ESTATES , VISAKHAPATNAM 4. SINCE THE APPEAL OF THE REVENUE IS DISMISSED, THE CROSS OBJECTIONS FILED BY THE ASSESSEE BECOMES INFRUCTUOUS AND HENCE DISMISSED. 5 . IN THE RESULT, THE APPEAL FILED BY THE REVENUE AS WELL AS THE CROSS OBJECTIONS FILED BY THE ASSESSEE ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 18 TH DEC EMBER, 2019. S D/ - S D/ - ( . ) ( . . ) (V. DURGA RAO) ( D.S. SUNDER SINGH ) /JUDICIAL MEMBER /ACCOUNTANT MEMBER /VISAKHAPATNAM /DATED : 18 . 1 2 .2019 L.RAMA, SPS / COPY OF THE ORDER FORWARDED TO: - 1. / THE ASSESSEE - M/S NAVARATNA ESTATES , 3 RD FLOOR, D.NO.10 - 1 - 29 CVSV RAGHU CHAMBERS, SAMPATH VINAYAK TEMPLE, ASILMETTA, VISAKHAPATNAM 2 . / THE REVENUE - ASST.COMMISSIONER OF INCOME TAX , CENTRAL CIRCLE - 1 VISAKHAPATNAM 3. THE PRINCIPAL COMMISSIONER OF INCOME TAX (CENTRAL) , VI SAKHAPATNAM 4. THE COMMISSIONER OF INCOME TAX (APPEALS) - 3 , VISAKHAPATNAM 5 . , , / DR, ITAT, VISAKHAPATNAM 6 . / GUARD FILE / BY ORDER // TRUE COPY // SR. PRIVATE SECRETARY ITAT, VISAKHAPATNAM