The ITO, Guntur V. Sri Mavva Nagi reddy, Gunturu Distt.

ITA 213/VIZ/2017

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 5194 (ITAT-VISAKHAPATNAM)
• Duration Of Justice: 1 year(s) 3 month(s) 1 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 18-07-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2009-2010
• Appeal Filed On: 17-04-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: D J P ANAND
• Keywords: Tax effect

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL, VISAKHAPATNAM BENCH, VISAKHAPATNAM . , . . , BEFORE SHRI V. DURGA RAO, JUDICIAL MEMBER & SHRI D.S. SUNDER SINGH , ACCOUNTANT MEMBER . / I . T .A.NO. 2 1 3 /VIZ/ 201 7 ( / ASSESSMENT YEAR: 20 0 9 - 10 ) THE I.T.O., WARD - 1(3) GUNTUR VS. SRI MUVVA NAGI REDDY PROP.BALAJI MEDICINAL AND AROMATIC PRODUCTS, GOLLAMUDIVARI STREET, SATTENAPALLI (PO&MDL) GUNTUR DIST. [PAN : A KOPM1107A ] ( / APPELLANT) ( / RESPONDENT) / APPELLANT BY : SHRI DJP ANAND, DR / RESPONDENT BY : SHRI C.SUBRAHMANYAM, AR / DATE OF HEARING : 10 . 07. 2018 / DATE OF PRONOUNCEMENT : 18 .0 7 .2018 / O R D E R P ER V.DURGA RAO , JUDICIAL MEMBER : TH IS APPEAL IS FILED BY THE R E VENUE AGAINST THE ORDER OF THE COMMISSIONER OF INCOME TAX ( APPEALS) , [CIT(A)] - 1 , GUNTUR DATED 3 0 .1 1 .201 6 F OR THE ASSESSMENT YEAR 20 09 - 10 . 2 I . T . A NO. 212 /VIZ/201 7 AND CO NO.87/VIZ/2017 MUVVA NAGI REDDY , GUNTUR 2. WHEN THIS APPEAL IS TAKEN UP FOR HEARING, THE LD. COUNSEL FOR THE ASSESSEE HAS SUBMITTED THAT THE TAX EFFECT INVOLVED IN THIS APPEAL IS BELOW RS.10 LAKHS. AS PER THE LATEST CIRCULAR NO.21/2015 DATED 10.12.2015 OF CBDT BEING RETROSPECTIVE IN NATURE, THE APPEAL FILED BY THE REVENUE IS NOT MAINTAINABLE. THE LD. D.R. HAS NOT RAISED ANY OBJECTION. IN VIEW OF THE ABOVE, THE APPEAL FILED BY TH E REVENUE IS NOT MAINTAINABLE. HENCE, THE SAME IS DISMISSED. 3. IN THE RESULT, THE APPEAL FILED BY THE REVENUE IS DISMISSED. THE ABOVE ORDER WAS PRONOUNCED IN THE OPEN COURT ON 18 TH JU LY , 201 8 . S D/ - S D/ - ( . . ) ( . ) ( D.S. SUNDER SINGH ) (V. DURGA RAO) /ACCOUNTANT MEMBER /JUDICIAL MEMBER /VISAKHAPATNAM /DATED : 18 .0 7 .2018 L.RAMA, SPS 3 I . T . A NO. 212 /VIZ/201 7 AND CO NO.87/VIZ/2017 MUVVA NAGI REDDY , GUNTUR / COPY OF THE ORDER FORWARDED TO: - 1 . / THE ASSESSEE - SRI MUVVA NAGI REDDY, PROP.BALAJI MEDICINAL AND AROMATIC PRODUCTS, GOLLAMUDIVARI STREET, SATTENAPALLI (PO&MDL), GUNTUR DIST. 2 . / THE REVENUE THE I.T.O., WARD - 1(3), GUNTUR 3 . THE PR. COMMISSIONER OF INCOME TAX , GUNTUR 4. THE COMMISSIONER OF INCOME TAX (APPEALS) - 1 , GUNTUR 5 . , , / DR, ITAT, VISAKHAPATNAM 6. / GUARD FILE / BY ORDER // TRUE COPY // SR. PRIVATE SECRETARY ITAT, VISAKHAPATNAM