Additional Commissioner of Income tax, Visakhapatnam V. Visakha Foods Pvt Ltd, Visakhapatnam

ITA 190/VIZ/2009

• Counselvise Citation: [2010] 136 COUNSELVISE.COM (IT) 7121 (ITAT-VISAKHAPATNAM)
• Duration Of Justice: 9 month(s) 12 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 05-02-2010
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2005-2006
• Appeal Filed On: 23-04-2009
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: G S S GOPINATH

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL VISAKHAPATNAM BENCH, VISAKHAPATNAM BEFORE: SHRI SUNIL KUMAR YADAV, JUDICIAL MEMBER AND SHRI BR BASKARAN, ACCOUNTANT MEMBER ITA NO.190/VIZAG/2009 ASSESSMENT YEAR : 2005-06 ADDL. CIT, RANGE-4 VISAKHAPATNAM VISAKHA FOODS PVT. LTD. VISAKHAPATNAM (APPELLANT) VS. (RESPONDENT) PAN NO.AABCV 3766G APPELLANT BY: SHRI G.S.S. GOPINATH, DR RESPONDENT BY: SHRI D.L. NARASIMHA RAO, ADVOCATE ORDER PER SHRI S.K. YADAV, JUDICIAL MEMBER:- THIS APPEAL BY THE REVENUE IS DIRECTED AGAINST THE ORDER DATED 04.02.2009 PASSED BY THE CIT (A)-I, VISAKHAPATNAM, AND IT PERTAINS TO THE ASSESSMENT YEAR 2005-06. 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. 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. 2 PRONOUNCED IN THE OPEN COURT ON 5.2.2010 SD/- SD/- (BR BASKARAN) (SUNIL KUMAR YADAV) ACCOUNTANT MEMBER JUDICIAL MEMBER VG/SPS VISAKHAPATNAM, DATED 5 TH FEBRUARY, 2010 COPY TO 1 THE ADDITIONAL CIT, RANGE-4, VISAKHAPATNAM 2 M/S. VISAKHA FOODS PVT. LTD., BLOCK-D, AUTO NAGAR , GAJUWAKA, VISAKHAPATNAM 3 THE CIT-2, VISAKHAPATNAM 4 THE CIT(A)-I, VISAKHAPATNAM 5 THE DR, ITAT, VISAKHAPATNAM. 6 GUARD FILE. BY ORDER SENIOR PRIVATE SECRETARY INCOME TAX APPELLATE TRIBUNAL VISAKHAPATNAM