Sabapati Palanivelu , Srikakulam V. ITO., Srikakulam

CO 8/VIZ/2018

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 0264 (ITAT-VISAKHAPATNAM)
• Duration Of Justice: 8 month(s) 11 day(s)
• Appeal Type: Cross Objection
• Pronouncement Date: 20-09-2018
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2012-2013
• Appeal Filed On: 08-01-2018
• 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. 334 / VIZ /201 7 (ASST. YEAR : 20 1 2 - 1 3 ) ITO, WARD - 1(1), SRIKAKULAM . V S . METUPALAYAM SABAPATI PALANIVELU, PROP. M/S. MSP GRANITES, ROOM NO. 7, BANKERS COLONY, BACK SIDE OF DEEPA MAHAL, SRIKAKULAM. PAN NO. AFQPP 9356 R (APPELLANT) (RESPONDENT) C.O.NO. 08/VIZ/2018 (ARISING OUT OF ITA NO. 334 / VIZ /201 7) (ASST. YEAR : 20 12 - 13 ) METUPALAYAM SABAPATI PALANIVELU, PROP. M/S. MSP GRANITES, ROOM NO. 7, BANKERS COLONY, BACK SIDE OF DEEPA MAHAL, SRIKAKULAM. VS. ITO, WARD - 1(1), SRIKAKULAM. PAN NO. AFQPP 9356 R (APP LICANT ) (RESPONDENT) ASSESSEE BY : SHRI C. SUBRAHMANYAM - FCA DEPARTMENT BY : SHRI K.C. DAS SR. DR DATE OF HEARING : 18 / 0 9 /201 8 . DATE OF PRONOUNCEMENT : 20 / 09 /201 8 . 2 ITA NO. 334/VIZ/2017 C.O. 08/VIZ/2018 ( M. SABAPATI PALANIVELU ) 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) - 2 , VISAKHAPATNAM , DATED 07 /0 3 /201 7 FOR THE ASSESSMENT YEAR 20 1 2 - 13 . 2. WHEN THIS APPEAL IS TAKEN UP FOR HEARING, LD. AUTHORISED REPRESENTATIVE FOR THE ASSESSEE HAS SUBMITTED THAT THE TAX EFFECT INVOL VED IN THIS APPEAL IS BELOW RS.2 0 LAKHS AND A S PER THE LATEST CBDT CIRCULAR N O. 03 /201 8 DATED 11.07 .201 8 , THE APPEAL FILED BY THE REVENUE IS NOT MAINTAINABLE. LD. DEPARTMENTAL REPRESENTATIVE HAS NOT RAISED ANY OBJECTION. IN VIEW OF THE ABOVE, THIS APPEAL FILED BY THE REVENUE IS NOT MAINTAINABLE AND ACCORDINGLY DISMISSED. 3 . SO FAR AS CROSS OBJECTION IS CONCERNED, THERE IS A DELAY OF 175 DAYS. THE ASSESSEE FAILED TO EXPLAIN SUFFICIENT CAUSE TO CONDONE THE DELAY , T HEREFORE, SAME IS DISMISSED . 3 ITA NO. 334/VIZ/2017 C.O. 08/VIZ/2018 ( M. SABAPATI PALANIVELU ) 4. IN THE RESULT, THE APPEAL FILED BY THE REVENUE AS WELL AS CROSS OBJECTION FILED BY THE ASSESSEE IS DISMISS ED . ORDER PRONOUNCED IN OPEN COURT ON THIS 2 0 T H DAY OF SEP., 201 8 . S D / - S D / - ( D.S. SUNDER SINGH ) ( V. DURGA RAO ) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED : 2 0 /09 /2018 VR/ - COPY TO: 1. THE ASSESSEE - METUPALAYAM SABAPATI PALANIVELU, PROP. M/S. MSP GRANITES, ROOM NO. 7, BANKERS COLONY, BACK SIDE OF DEEPA MAHAL, SRIKAKULAM. 2. THE REVENUE ITO, WARD - 1, SRIKAKULAM. 3. THE CIT , VISAKHAPATNAM. 4. THE CIT(A) - 2 , VISAKHAPATNAM. 5. THE D.R . , VISAKHAPATNAM. 6. GUARD FILE. BY ORDER (VUKKEM RAMBABU) SR. PRIVATE SECRETARY, ITAT, VISAKHAPATNAM .