THE ACIT,CIRCLE - 4(1), Visakhapatnam V. Sri P.Raja Rao, Visakhapatnam

ITA 244/VIZ/2013

• Counselvise Citation: [2014] 140 COUNSELVISE.COM (IT) 85475 (ITAT-VISAKHAPATNAM)
• Duration Of Justice: 1 year(s) 6 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-10-2014
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 1999-2000
• Appeal Filed On: 12-04-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: R K SINGH
• Assessee Lawyers: N O N E
• Keywords: Tax effect

Judgement Text

ITA NO.244/VIZAG/2013 SRI P. RAJA RAO, VISAKHAPATNAM IN THE INCOME TAX APPELLATE TRIBUNAL VISAKHAPATNAM SMC BENCH, VISAKHAPATNAM BEFORE: SHRI D. MANMOHAN, VICE PRESIDENT ITA NO. 244 /VIZAG/ 2013 ASSESSMENT YEAR : 1999-2000 ACIT CIRCLE-4(1) VISAKHAPATNAM VS. SRI P. RAJA RAO VISAKH APATNAM (APPELLANT) (RESPONDENT) PAN NO.AATPP 2493B ASSESSEE BY: N O N E REVENUE BY: SHRI R.K. SINGH, ADDL. CIT DATE OF HEARING : 28.10.2014 DATE OF PRONOUNCEMENT : 28.10.2014 ORDER PER D. MANMOHAN, VICE PRESIDENT:- THIS APPEAL BY THE REVENUE IS DIRECTED AGAINST THE ORDER PASSED BY CIT(A), VISAKHAPATNAM AND IT PERTAINS TO THE ASSESS MENT YEAR 1999-2000. PENALTY OF RS.2,07,020/- LEVIED BY THE ASSESSING OF FICER BUT CANCELLED BY THE CIT(A) IS CHALLENGED BEFORE THE TRIBUNAL. 2. AT THE OUTSET, IT MAY BE NOTICED THAT THE REVENU E EFFECT IN THIS APPEAL IS LESS THAN RS.3 LAKHS. AS PER THE CIRCULAR ISSUE D BY THE CBDT IN 2011, REVENUE SHOULD NOT FILE AN APPEAL WHERE THE TAX EFF ECT IS BELOW RS.3 LAKHS, UNLESS IT IS SHOWN THAT THERE ARE EXCEPTIONAL CIRCU MSTANCES FOR PREFERRING AN APPEAL. HOWEVER, IN THE INSTANT CASE, THERE ARE NO SUCH EXCEPTIONAL CIRCUMSTANCES AS STATED IN THE AUTHORIZATION GRANTE D BY THE CIT. SINCE THE CIRCULAR ISSUED BY THE CBDT IS BINDING UPON THE REV ENUE, I AM OF THE VIEW THAT THE ASSESSING OFFICER IS NOT PERMITTED TO FILE AN APPEAL WHERE THE TAX EFFECT IS BELOW THE SPECIFIED LIMIT. I THEREFORE, D ISMISS THE APPEAL FILED BY THE REVENUE ON THIS GROUND ALONE. ITA NO.244/VIZAG/2013 SRI P. RAJA RAO, VISAKHAPATNAM 2 3. IN THE RESULT, THE APPEAL FILED BY THE REVENUE IS DISMISSED. PRONOUNCED IN THE OPEN COURT ON 28 TH OCT14. SD/- (D. MANMOHAN) VICE PRESIDENT VG/SPS VISAKHAPATNAM, DATED 28 TH OCTOBER, 2014 COPY TO 1 THE ACIT, CIRCLE-4(1), VISAKHAPATNAM 2 SRI P. RAJA RAO, D.NO.1-84/16/1/1, PLOT NO.234/1, MVP COLONY, VISAKHAPATNAM 3 THE CIT, VISAKHAPATNAM 4 THE CIT(A), VISAKHAPATNAM 5 THE DR, ITAT, VISAKHAPATNAM. 6 GUARD FILE. BY ORDER SENIOR PRIVATE SECRETARY INCOME TAX APPELLATE TRIBUNAL VISAKHAPATNAM