THE ITO, WARD-2, Bhimavaram V. Sri Penmetsa Krishnama Raju, Bhimavaram

CO 4/VIZ/2013

• Counselvise Citation: [2016] 112 COUNSELVISE.COM (IT) 4194 (ITAT-VISAKHAPATNAM)
• Duration Of Justice: 3 year(s) 3 month(s) 9 day(s)
• Appeal Type: Cross Objection
• Pronouncement Date: 21-06-2016
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2009-2010
• Appeal Filed On: 12-03-2013
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Tax effect

Judgement Text

ITA NO.456/VIZAG/2012 PENMETSA KRISHNAM RAJU, BHIMAVARAM 1 , , IN THE INCOME TAX APPELLATE TRIBUNAL, VISAKHAPATNAM SMC BENCH, VISAKHAPATNAM . , BEFORE SHRI V. DURGA RAO, JUDICIAL MEMBER ./I.T.A.NO.456/VIZAG/2012 ( / ASSESSMENT YEAR: 2009-10) ITO, WARD - 2, BHIMAVARAM VS. PENMETSA KRISHNAM RAJU, BHIMAVARAM [ PAN: AHTPP1812F ] ( / APPELLANT) ( ! / RESPONDENT) C.O. NO.4/VIZAG/2013 (ARISING OUT OF I.T.A.NO.456/VIZAG/2012) ( / ASSESSMENT YEAR: 2009-10) PENMETSA KRISHNAM RAJU, BHIMAVARAM VS. ITO, WARD - 2, BHIMAVARAM ( / APPELLANT) ( ! / RESPONDENT) / APPELLANT BY : SHRI M.N. MURTHY NAIK, DR / RESPONDENT BY : SHRI G.V.N. HARI, AR / DATE OF HEARING : 2 1.06.2016 / DATE OF PRONOUNCEMENT : 21.06.2016 / O R D E R PER V. DURGA RAO, JUDICIAL MEMBER: THIS APPEAL IS FILED BY THE REVENUE AND THE CROSS OBJECTION FILED BY THE ASSESSEE ARE DIRECTED AGAINST THE ORDER OF THE CIT(A), GUNTUR DATED 11.10.2012 FOR THE ASSESSMENT YEAR 2009-10. ITA NO.456/VIZAG/2012 PENMETSA KRISHNAM RAJU, BHIMAVARAM 2 2. 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, THIS APPEAL FILED BY THE REVENUE IS NOT MAINTAINABLE. HENCE, THE SAME IS DISMISSED. 3. 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. 4. IN THE RESULT, THE APPEAL FILED BY THE REVENUE I S DISMISSED AND THE CROSS APPEAL FILED BY THE ASSESSEE IS ALSO DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 21 ST JUN16. SD/- ( . ) (V. DURGA RAO) /JUDICIAL MEMBER ! /VISAKHAPATNAM: % /DATED : 21.06.2016 VG/SPS ITA NO.456/VIZAG/2012 PENMETSA KRISHNAM RAJU, BHIMAVARAM 3 '! (! /COPY OF THE ORDER FORWARDED TO:- 1. / THE APPELLANT THE ITO, WARD-2, BHIMAVARAM 2. / THE RESPONDENT SRI PENMETSA KRISHNAM RAJU, 27- 17-17/1, ASR NAGAR, BHIMAVARAM-534202 (WG DIST.) 3. ) / THE CIT, RAJAHMUNDRY 4. ) ( ) / THE CIT(A), GUNTUR 5. ! , , , , ! / DR, ITAT, VISAKHAPATNAM 6 . / GUARD FILE / BY ORDER // TRUE COPY // /0 , (SR.PRIVATE SECRETARY) , , ! / ITAT, VISAKHAPATNAM