The Deputy Commissioner of Income Tax, Central Circle, Vijayawada V. Vipparla Vasudeva Rao(HUF), Khammam

ITA 142/VIZ/2018

• Counselvise Citation: [2018] 119 COUNSELVISE.COM (IT) 2061 (ITAT-VISAKHAPATNAM)
• Duration Of Justice: 6 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-11-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2014-2015
• Appeal Filed On: 01-05-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: D K SONAWAL
• 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. 142 / VIZ /201 8 (ASST. YEAR : 201 4 - 1 5) DCIT, CENTRAL CIRCLE, VIJAYAWADA. V S . VIPPARLA VASUDEVA RAO (HUF), H.NO. 6 - 2 - 108, JAMMIBANDA, KHAMMAM PAN NO. AACHV 6717 P (APPELLANT) (RESPONDENT) C.O.NO. 100/VIZ/2018 (ARISING OUT OF ITA NO. 142 / VIZ /201 8) (ASST. YEAR : 2014 - 15) VIPPARLA VASUDEVA RAO (HUF), H.NO. 6 - 2 - 108, JAMMIBANDA, KHAMMAM VS. DCIT, CENTRAL CIRCLE, VIJAYAWADA. PAN NO. AACHV 6717 P (APPELLANT) (RESPONDENT) ASSESSEE BY : SHRI G.V.N. HARI A DVOCATE . DEPARTMENT BY : SHRI D.K. SONAWAL CIT DR DATE OF HEARING : 14 / 1 1 /201 8 . DATE OF PRONOUNCEMENT : 16 / 1 1 /201 8 . O R D E R PER V. DURGA RAO, JUDICIAL MEMBER THIS APPEAL BY THE REVENUE AND THE CROSS OBJECTION BY THE ASSESSEE ARE DIRECTED AGAINST THE ORDER OF LD . COMMISSIONER OF 2 ITA NO. 142 /VIZ/201 8 C.O.NO. 100/VIZ/2018 [VIPPARLA VASUDEVA RAO (HUF)] INCOME TAX (APPEALS) - 3 , VISAKHAPATNAM , DATED 30 /0 1 /201 8 FOR THE A .Y. 20 1 4 - 1 5 . 2. WHEN THIS APPEAL IS TAKEN UP FOR HEARING, LD. COUNSEL FOR THE ASSESSEE HAS SUBMITTED THAT THE TAX EFFECT INVOLVED IN THIS APPEAL IS BELOW RS.20 LAKHS. AS PER THE CBDT CIRCULAR NO.03/2018 , DATED 11.07.2018 BEING RETROSPECTIVE IN NATURE, THE APPEAL FILED BY THE REVENUE IS NOT MAINTAINABLE. THE LD. D.R. HAS FAIRLY CONCEDED THAT THE TAX EFFECT IS BELOW RS. 20 LAKHS. IN VIEW OF THE ABOVE, THE APPEAL FILED BY THE REVENUE IS NOT MAINTAINABLE. HENCE, THE SAME IS DISMISSED. 3. SO FAR AS CROSS OBJECTION IS CONCERN ED, IT IS TIME BARRED BY 120 DAYS AND NO CONDONATION APPLICATION IS FILED, THEREFORE, THE SAME IS DISMISSED IN LIMINI . 4 . IN THE RESULT, APPEAL OF THE REVENUE AND CROSS OBJECTION OF THE ASSESSEE ARE DISMISSED. ORDER PRONOUNCED IN OPEN COURT ON TH IS 1 6 T H DAY OF NOV. , 201 8 . S D / - S D / - ( D.S. SUNDER SINGH ) ( V. DURGA RAO ) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED : 1 6 T H NOV. , 201 8 . VR/ - 3 ITA NO. 142 /VIZ/201 8 C.O.NO. 100/VIZ/2018 [VIPPARLA VASUDEVA RAO (HUF)] COPY TO: 1. THE ASSESSEE - VIPPARLA VASUDEVA RAO (HUF), H.NO. 6 - 2 - 108, JAMMIBANDA, KHAMMAM . 2. THE REVENUE DCIT, CENTRAL CIRCLE, VIJAYAWADA. 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.PS, ITAT, VIZAG.