The DCIT, Circle-1(1), Vijayawada V. Sri Manuru Subhash Babu, Vijayawada

ITA 132/VIZ/2011

• Counselvise Citation: [2011] 140 COUNSELVISE.COM (IT) 50285 (ITAT-VISAKHAPATNAM)
• Duration Of Justice: 3 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 24-06-2011
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2007-2008
• Appeal Filed On: 17-03-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: D KOMALI KRISHNA
• Assessee Lawyers: A C GANGAIAH
• Keywords: Tax effect

Judgement Text

ITA NO132/VIZAG/2011 & CO 5/V/2011 MANURU SUBHASH B ABU, VJA. IN THE INCOME TAX APPELLATE TRIBUNAL VISAKHAPATNAM BENCH, VISAKHAPATNAM BEFORE: SHRI SUNIL KUMAR YADAV, JUDICIAL MEMBER AND SHRI BR BASKARAN, ACCOUNTANT MEMBER ITA NO. 132 /VIZAG/ 20 11 ASSESSMENT YEAR : 2007 - 08 DCIT CIRCLE - 1(1) VIJAYAWADA VS. MANURU SUBHASH BABU VIJAYAWADA (APPELLANT) (RESPONDENT) PAN NO. AESPM 1634E CO NO.5/VIZAG/2011 ASSESSMENT YEAR : 2007 - 08 MANURU SUBHASH BABU VIJAYAWADA VS. DCIT CIRCLE - 1(1) VIJAYAWADA (APPELLANT) (RESPONDENT) APPELLANT BY: SM T. D. KOMALI KRISHNA, SR.DR RESPONDENT BY: SHRI A.C. GANGAIAH, CA ORDER PER SHRI S.K. YADAV, JUDICIAL MEMBER:- THIS APPEAL IS PREFERRED BY THE REVENUE AGAINST TH E ORDER OF THE CIT(A). THE ASSESSEE HAS ALSO FILED THE CROSS OBJE CTIONS IN SUPPORT OF THE ORDER OF THE CIT(A) AND ALSO WITH THE SUBMISSIONS T HAT TAX EFFECT IN THE IMPUGNED APPEAL IS BELOW THE PRESCRIBED LIMIT. DUR ING THE COURSE OF HEARING OF THE APPEAL IT HAS BEEN BROUGHT TO OUR NOTICE THA T THE TAX EFFECT INVOLVED IN THIS APPEAL OF THE REVENUE IS BELOW RS.2 LAKHS. 2. BOTH THE PARTIES HAVE AGREED THAT THE REVENUE EF FECT IN THIS CASE IS LESS THAN RS.2,00,000/- AND AS SUCH THE SAME ARE LIABLE TO BE DISMISSED IN VIEW OF JUDGEMENT OF THE JURISDICTIONAL HIGH COURT IN THE C ASE OF C.I.T. VS A. RAJENDRA PRASAD (299 ITR 227) . IN THE SAID DECISION, HONBLE COURT HAS HELD THA T THE CBDT INSTRUCTIONS FIXING MONETARY LIMITS FOR FILING APPEALS ARE STATUTORY IN NATURE AS THEY WERE ISSUED BY THE CBDT IN EXERCISE OF POWERS UNDER SECTION 119 OF THE INCOME TAX ACT AND THE REVENUE HAS TO NE CESSARILY FOLLOW THEM ITA NO132/VIZAG/2011 & CO 5/V/2011 MANURU SUBHASH B ABU, VJA. 2 AND IF A CASE FALLS UNDER ONE OF THE EXCEPTIONS PRO VIDED IN THE CIRCULARS, A SPECIFIC GROUND SHOULD BE RAISED IN THAT REGARD. A DMITTEDLY, THE REVENUE HAS NOT RAISED A SPECIFIC GROUND TO SHOW THAT THE CASE FALLS WITHIN THE EXCEPTIONS PROVIDED IN THE CIRCULARS OF CBDT. 3. UNDER THE CIRCUMSTANCES, BY RESPECTFULLY FOLLOWI NG THE DECISION OF THE HONBLE ANDHRA PRADESH HIGH COURT CITED SUPRA, WE D ISMISS THE APPEAL AS UN- ADMITTED ON THE GROUND THAT IT IS CONTRARY TO THE P OLICY DECISION TAKEN BY THE CBDT. 4. SINCE THE APPEAL OF THE REVENUE IS DISMISSED, WE APPROVE THE CONTENTIONS RAISED IN THE C.O. ACCORDINGLY, THE AP PEAL OF THE REVENUE IS DISMISSED AND THAT OF THE C.O. OF THE ASSESSEE IS A LLOWED. PRONOUNCED IN T HE OPEN COURT ON 24-06-2011. SD/- SD/- (BR BASKARAN) (SUNIL KUMAR YADAV) ACCOUNTANT MEMBER JUDICIAL MEMBER VG/SPS VISAKHAPATNAM, DATED 24-06-2011. COPY TO 1 M. SUBHASH BABU, D.NO.8 - 40, SRIHARI NILAYAM, TRANSFORMER STREET, PRASADAMPADU, VIJAYAWADA. 2 DCIT, CIRCLE - 1(1), VIJAYAWADA 3 THE CI T, VIJAYAWADA 4 THE CIT (A) VIJAYAWADA 5 THE DR, ITAT, VISAKHAPATNAM. 6 GUARD FILE. BY ORDER SENIOR PRIVATE SECRETARY INCOME TAX APPELLATE TRIBUNAL VISAKHAPATNAM