Subhash Bhararia, Visakhapatnam V. Joint Commissioner of Wealth Tax, Central Circle-2, , Visakhapatnam

CO 40/VIZ/2018

• Counselvise Citation: [2018] 123 COUNSELVISE.COM (IT) 4173 (ITAT-VISAKHAPATNAM)
• Duration Of Justice: 22 day(s)
• Appeal Type: Cross Objection
• Pronouncement Date: 21-08-2018
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2010-2011
• Appeal Filed On: 30-07-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: K C DAS
• Keywords: Tax effect

Judgement Text

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 ITA NO. 447/VIZ/2016 (ASST. YEAR : 2006 - 07) 1 ACIT, CIRCLE - 2(1), RAJAMAHENDRAVARAM VS. M/S. SRI LUXMI TULASI AGRO PAPER PVT. LTD., 25 - 2 - 20, JAYAKRISHNAPURAM, RAJAHMUNDRY PAN NO. AAECS 2798 B C.O.NO. 54/VIZ/2018 (ARISING OUT OF ITA NO. 447/VIZ/2016) (ASST. YEAR : 2006 - 07) 2 M/S. SRI LUXMI TULASI AGRO PAPER PVT. LTD., 25 - 2 - 20, JAYAKRISHNAPURAM, RAJAHMUNDRY PAN NO. AAECS 2798 B VS. ACIT, CIRCLE - 2(1), RAJAMAHENDRAVARAM . WTA NO. 11/VIZ/2018 (ASST. YEAR : 2010 - 11) 3 . JCWT, CENTRAL CIRCLE - 2, VISAKHAPATNAM. VS. SUBHASH BHARARIA, D.NO. T 1, LOVREN RESIDENCY, KIRLAMPUDI LAYOUT, VISAKHAPATNAM. PAN NO. ABLPB 6829 Q 2 ( M/S. SRI LUXMI TULASI AGRO PAPER PVT. LTD & OTHERS ) C.O.NO. 40/VIZ/2018 (ARISING OUT OF WTA NO. 11/VIZ/2018) (ASST. YEAR : 2010 - 11) 4. SUBHASH BHARARIA, D.NO. T 1, LOVREN RESIDENCY, KIRLAMPUDI LAYOUT, VISAKHAPATNAM. PAN NO. ABLPB 6829 Q VS. JCWT, CENTRAL CIRCLE - 2, VISAKHAPATNAM. ITA NO. 192 /VIZ/2018 (ASST. YEAR : 20 1 0 - 11 ) 5 ACIT, CIRCLE - 1(1), RAJAHMUNDRY. VS. K.V. RAMAKRISHNA RAO, D.NO. 6 - 12 - 18, MAIN ROAD, NARSAPUR, W.G. DISTRICT. PAN NO. AGXPK 5879 Q C.O.NO. 55 /VIZ/2018 (ARISING OUT OF ITA NO. 192/VIZ/2018 ) (ASST. YEAR : 2010 - 11) 6 K.V. RAMAKRISHNA RAO, D.NO. 6 - 12 - 18, MAIN ROAD, NARSAPUR, W.G. DISTRICT. PAN NO. AGXPK 5879 Q VS. ACIT, CIRCLE - 1(1), RAJAHMUNDRY. ASSESSEE BY : SHRI G.V.N. HARI ADV OCATE . DEPARTMENT BY : SHRI K.C. DAS SR. DR DATE OF HEARING : 11 / 0 8 /201 8 . DATE OF PRONOUNCEMENT : 2 1 / 08 /201 8 . 3 ( M/S. SRI LUXMI TULASI AGRO PAPER PVT. LTD & OTHERS ) O R D E R PER BENCH THE ABOVE LISTED APPEALS AT THE INSTANCE OF THE REVENUE AND THE CROSS OBJECTIONS AT THE INSTANCE OF THE ASSESSEE S ARE DIRECTED AGAINST THE RESPECTIVE IMPUGNED ORDERS PASSED BY THE RESPECTIVE LD. COMMISSIONER OF INCOME TAX (APPEALS) & LD. COMMISSIONER OF WEALTH TAX (APPEALS) FOR RESPECTIVE A SSESSMENT Y EARS AS INDICATED ABOVE. 2. IN ALL THE ABOVE APPEALS, THE TAX EFFECT PERTAINING TO THE AMOUNT DISPUTED BY THE REVENUE IS LESS THAN THE MONETARY LIMIT OF RS. 20 LAKH S FIXED BY THE CBDT IN CIRCULAR NO. 03/2018 , DATED 11/07/2018, WHICH IS IN SUPERSESSION OF ITS CIRCULAR NO. 21/2015 DATED 10/12/2015, IN RELATION TO FILING OF APPEALS BEFORE THE INCOME TAX APPELLATE TRIBUNAL. TAKING INTO CONSIDERATION THE ABOVE , AND ALSO THE FACT THAT THE CBDT CIRCULAR UNDER REFER ENCE APPLIES RETROSPECTIVELY EVEN TO PENDING APPEALS, WE HOLD THAT THE ABOVE LISTED APPEALS FILED BY THE REVENUE ARE NOT MAINTAINABLE AND LIABLE TO BE DISMISSED IN LIMINE. 3. AT THE TIME OF HEARING, LD. COUNSEL FOR THE ASSESSEE HAS SUBMITTED THAT HE DOESNT WANT TO PRESS THE CROSS OBJECTIONS. TO 4 ( M/S. SRI LUXMI TULASI AGRO PAPER PVT. LTD & OTHERS ) THIS, NO OBJECTION FROM OTHER SIDE. IN VIEW OF THE SUBMISSION MADE BY THE ASSESSEES COUNSEL, THE CROSS OBJECTIONS FILED BY THE ASSESSEE S ARE DISMISSED AS NOT PRESSED. 4 . IN THE RESULT, THE ABOVE LISTED APPEALS OF THE REVENUE ARE DISMISSED AND CROSS OBJECTIONS OF THE ASSESSEE S ARE ALSO DISMISSED AS NOT PRESSED . ORDER PRONOUNCED IN OPEN COURT ON TH IS 2 6 T H DAY OF AUGUST , 201 8 . S D / - S D / - ( D.S. SUNDER SINGH ) ( V. DURGA RAO ) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED : 2 1 S T AUGUST , 201 8 . VR/ - COPY TO: 1. THE ASSESSEE A) M/S. SRI LUXMI TULASI AGRO PAPER PVT. LTD., 25 - 2 - 20, JAYAKRISHNAPURAM, RAJAHMUNDRY B) SUBHASH BHARARIA, D.NO. T 1, LOVREN RESIDENCY, KIRLAMPUDI LAYOUT, VISAKHAPATNAM. C) K.V. RAMAKRISHNA RAO D.NO. 6 - 12 - 18, MAIN ROAD, NARSAPUR, W.G. DISTRICT. 2. THE REVENUE 3. THE CIT 4. THE CIT(A) 5. THE D.R . 6. GUARD FILE. BY ORDER (VUKKEM RAMBABU) SR. PRIVATE SECRETARY, ITAT, VISAKHAPATNAM.