Anil Nerrukonda Educational Society, Visakhapatnam V. ACIT, Central Circle-2, Visakhapatnam

CO 62/VIZ/2017

• Counselvise Citation: [2020] 111 COUNSELVISE.COM (IT) 9396 (ITAT-VISAKHAPATNAM)
• Duration Of Justice: 2 year(s) 5 month(s) 6 day(s)
• Appeal Type: Cross Objection
• Pronouncement Date: 08-01-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2013-2014
• Appeal Filed On: 02-08-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: B RAMA KRISHNA
• 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. 297 / VIZ /201 7 (ASST. YEAR : 20 14 - 1 5 ) AC IT, CENTRAL CIRCLE - 2 , VISAKHAPATNAM. V S . M/S. ANIL NEERUKONDA EDUCATIONAL SOCIETY, D.NO. 9 - 42 - 20, NEAR SBI ZONAL OFFICE, BALAJI NAGAR, SIRIPURAM, VISAKHAPATNAM. PAN NO. AAATA 6417 D (APPELLANT) (RESPONDENT) C.O.NO. 62/VIZ/2017 (ARISING OUT OF ITA NO. 297 / VIZ /201 7) (ASST. YEAR : 20 14 - 15 ) M/S. ANIL NEERUKONDA EDUCATIONAL SOCIETY, D.NO. 9 - 42 - 20, NEAR SBI ZONAL OFFICE, BALAJI NAGAR, SIRIPURAM, VISAKHAPATNAM. VS. ACIT, CENTRAL CIRCLE - 2, VISAKHAPATNAM. PAN NO. AAATA 6417 D (APPELLANT) (RESPONDENT) ASSESSEE BY : SHRI G.V.N. HARI , A DV OCATE . DEPARTMENT BY : SHRI B. RAMA KRISHNA , SR. DR DATE OF HEARING : 12 / 12 /201 9 . DATE OF PRONOUNCEMENT : 08 / 0 1 /2020 . 2 ITA NO. 297/VIZ/2017 C.O.NO.62/VIZ/2017 ( M/S. ANIL NEERUKONDA EDUCATIONAL SOCIETY ) O R D E R PER V. DURGA RAO, JUDICIAL MEMBER TH IS APPEAL BY THE REVENUE AND THE CROSS OBJECTION BY THE ASSESSEE ARE DIRECTED AGAINST THE ORDER OF COMMISSIONER OF INCOME TAX (APPEALS) - 3 , VISAKHAPATNAM , DATED 1 5 /0 2 /201 7 FOR THE ASSESSMENT YEAR 20 1 4 - 1 5 . 2. WHEN THIS APPEAL IS TAKEN UP FOR HEARING, LD.AR HAS SUBMITTED THAT THE TAX EFFECT INVOLVED IN THIS APPEAL IS BELOW RS.50.00 LAKHS AND AS PER THE CBDT CIRCULAR NO. NO.17/2019 , DATED 0 8 /08/ 2019 , THIS APPEAL IS NOT MAINTAI NA BLE AND REQU ESTED FOR DISMISSAL OF THE SAME. 3 . ON THE OTHER HAND, LD.DR FAIRLY ACCEPTED THAT THE TAX EFFECT INVOLVED IN THIS APPEAL IS BELOW RS. 50.00 LAKHS . 4 . IN VIEW OF THE CBDT CIRCULAR NO.17/2019, DATED 08/08/2019 , WHICH WAS FOLLOWED BY N OTIFICATION NO.279/MISC/M - 93/2018 - ITJ , DATED 20 / 08 / 2019 WHEREIN CLARIFIED THAT THE REVISED MONETARY LIMITS MENTIONED IN CIRCULAR NO.17/2019 ARE APPLICABLE TO ALL PENDING APPEALS ALSO , THIS APPEAL FILED BY THE REVENUE IS NOT MAINTAINABLE AND IS DISMISSED ACCORDINGLY. 5. SO FAR AS CROSS OBJECTION OF THE ASSESSEE IS CONCERNED, AS WE HAVE DISMISSED THE REVENUES APPEAL, THIS CROSS OBJECTION HAS BECOME INFRUCTUOUS AND IS DISMISSED ACCORDINGLY. 3 ITA NO. 297/VIZ/2017 C.O.NO.62/VIZ/2017 ( M/S. ANIL NEERUKONDA EDUCATIONAL SOCIETY ) 6 . IN THE RESULT, APPEAL FILED BY THE REVENUE IS DISMISSED . ORDER PRONOUNCED IN OPEN COURT ON TH IS 0 8 T H DAY OF J A N . , 20 2 0 . S D / - S D / - ( D.S. SUNDER SINGH ) ( V. DURGA RAO ) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED : 0 8 T H J A N U A R Y , 20 2 0 . VR/ - COPY TO: 1. THE ASSESSEE M/S. ANIL NEERUKONDA EDUCATIONAL SOCIETY, D.NO. 9 - 42 - 20, NEAR SBI ZONAL OFFICE, BALAJI NAGAR, SIRIPURAM, VISAKHAPATNAM . 2. THE REVENU E - AC IT, CENTRAL CIRCLE - 2 , VISAKHAPATNAM . 3. THE PR. CIT (CENTRAL) , VISAKHAPATNAM . 4. THE CIT(A) - 3 , VISAKHAPATNAM. 5. THE D.R . , VISAKHAPATNAM. 6. GUARD FILE. BY ORDER (VUKKEM RAMBABU) SR. PRIVATE SECRETARY, ITAT, VISAKHAPATNAM.