The DCIT, Circle-5(1), Visakhapatnam V. Sir Uppala Venkateswara Rao, Chodavaram

ITA 149/VIZ/2010

• Counselvise Citation: [2011] 134 COUNSELVISE.COM (IT) 7104 (ITAT-VISAKHAPATNAM)
• Duration Of Justice: 1 year(s) 25 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 31-03-2011
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 31-03-2011
• Assessment Year: 2006-2007
• Appeal Filed On: 05-03-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: R K SINGH
• Assessee Lawyers: K S S SHARMA

Judgement Text

ITA 149/V/10 UPPALA VENKATESWARA RAO, CHODAVARAM IN THE INCOME TAX APPELLATE TRIBUNAL VISAKHAPATNAM BENCH, VISAKHAPATNAM BEFORE: SHRI SUNIL KUMAR YADAV, JUDICIAL MEMBER AND SHRI BR BASKARAN, ACCOUNTANT MEMBER ITA NO. 149 /VIZAG/ 20 10 ASSESSMENT YEAR : 2006 - 07 DCIT CIRCLE - 5(1) VISAKHAPATNAM VS. SRI UPPALA VENKATESWARA RAO CHODAVARAM (APPELLANT) (RESPONDENT) PAN NO. ABIPV 2846E APPELLANT BY: SHRI R.K. SINGH, DR RESPONDENT BY: SHRI K.S.S. SHARMA, CA ORDER PER SHRI S.K. YADAV, JUDICIAL MEMBER:- THIS APPEAL BY THE REVENUE IS DIRECTED AGAINST THE ORDER DATED 19.12.2009 PASSED BY THE CIT (A), VISAKHAPATNAM, AN D IT PERTAINS TO THE ASSESSMENT YEAR 2006-07. 2. BOTH THE PARTIES HAVE AGREED THAT THE REVENUE EF FECT IN EACH CASE IS LESS THAN RS.2,00,000/- AND AS SUCH THE SAME ARE LI ABLE TO BE DISMISSED IN VIEW OF JUDGEMENT OF THE JURISDICTIONAL HIGH COURT IN THE CASE OF C.I.T. VS A. RAJENDRA PRASAD (299 ITR 227) . IN THE SAID DECISION, HONBLE COURT HAS HELD THAT THE CBDT INSTRUCTIONS FIXING MONETARY LIMITS F OR 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 REV ENUE HAS TO NECESSARILY FOLLOW THEM AND IF A CASE FALLS UNDER ONE OF THE EX CEPTIONS PROVIDED IN THE CIRCULARS, A SPECIFIC GROUND SHOULD BE RAISED IN TH AT REGARD. ADMITTEDLY, THE REVENUE HAS NOT RAISED A SPECIFIC GROUND TO SHOW TH AT THE CASE FALLS WITHIN THE EXCEPTIONS PROVIDED IN THE CIRCULARS OF CBDT. 2 ITA 149/V/10 UPPALA VENKATESWARA RAO, CHODAVARAM 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. PRONOUNCED IN THE OPEN COURT ON 31.3.2011 SD/- SD/- (BR BASKARAN) (SUNIL KUMAR YADAV) ACCOUNTANT MEMBER JUDICIAL MEMBER VG/SPS VISAKHAPATNAM, DATED 31 ST MARCH, 2011 COPY TO 1 THE DCIT, CIRCLE - 5(1), VISAKHAPATNAM 2 SRI UPPALA VENKATESWARA RAO, S/O LAKSHMANA MURTHY, NEAR OLD BUS STAND, CHODAVARAM, VISAKHAPATNAM DIST. 3 THE CI T, VISAKHAPATNAM 4 THE CIT (A) , VISAKHAPATNAM 5 THE DR, ITAT, VISAKHAPATNAM. 6 GUARD FILE. BY ORDER SENIOR PRIVATE SECRETARY INCOME TAX APPELLATE TRIBUNAL VISAKHAPATNAM