Income Tax Officer, Ward-3, , Kakinada V. Kalyani Modern Rice Mill, , Mandapeta

ITA 305/VIZ/2018

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 0295 (ITAT-VISAKHAPATNAM)
• Duration Of Justice: 2 month(s) 28 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 12-09-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2008-2009
• Appeal Filed On: 14-06-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: CH SANJEEV
• Assessee Lawyers: P PRABHAKARA MURTHY
• Keywords: Tax effect

Judgement Text

ITA NO S . 305 /V IZ /201 8 & CO NO. 53 /V IZ /201 8 ( KALYANI MODERN RICE MILL ) 1 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 I . T .A.NO. 305 /VIZ / 2018 ( ASSESSMENT YEAR: 20 08 - 09 ) IT O , WARD - 3, KAKINADA . VS. KALYANI MODERN RICE MILL , #31 - 9 - 40, YADIDA ROAD, MANDAPETA, E.G. DISTRICT. [PAN: AACFK 4573 E ] (APPELLANT) (RESPONDENT) C.O. NO. 53 /V IZ/201 8 (ARISING OUT OF I.T.A.NO. 3 05 /V IZ /201 8 ) (ASSESSMENT YEAR: 20 08 - 09 ) KALYANI MODERN RICE MILL, #31 - 9 - 40, YADIDA ROAD, MANDAPETA, E.G. DISTRICT. VS. IT O , WARD - 3, KAKINADA . [ PAN: AACFK 4573 E ] ( APPLICANT ) (RESPONDENT) ASSESSEE BY : SHRI P. PRABHAKARA MURTHY ADV . DEPARTMENT BY : SHRI CH. SANJEEV SR. DR D ATE OF HEARIN G : 04 . 0 9 .201 8 DATE OF P RONOUNCEMENT : 12 . 09 .201 8 O R D E R PER V. DURGA RAO, JUDICIAL MEMBER : THIS APPEAL BY THE R EVENUE AND THE CROSS OBJECTION BY THE ASSESSEE ARE DIRECTED AGAINST THE ORDER OF THE LD. CIT(A) - 9 , HYDERABAD, DATED 22 .0 3 .201 8 FOR THE ASSESSMENT Y EAR 2008 - 09 . 2. WHEN THIS APPEA L IS TAKEN UP FOR HEARING, THE L D. C OUNSEL FOR THE ASSESSEE HAS SUBMITTED THAT THE TAX EFFECT INVOLVED IN THIS ITA NO S . 305 /V IZ /201 8 & CO NO. 53 /V IZ /201 8 ( KALYANI MODERN RICE MILL ) 2 APPEAL IS BELOW RS.2 0 LAKHS. AS PER THE RECENT CBDT CIRCULAR NO. 03 /201 8 DATE D 11.07 .201 8 BEING RETROSPECTIVE IN NATURE, THE APPEAL FILED BY THE REV ENUE IS NOT MAINTAINABLE. THE L D. D.R. HAS NOT RAISED ANY OBJECTION. IN VIEW OF THE ABOVE, THE APPEAL FILED BY THE REVENUE IS NOT MAINTAINABLE , H ENCE, THE SAME IS DISMISSED. 3. THE CR OSS OBJECTION FILED BY THE ASSESSEE IS IN SUPPORT OF THE ORDER OF L D. CIT(A), HENCE, THE SAME IS DISMISSED. 4. IN THE RESULT, THE APPEAL FILED BY THE R EVENUE AND THE CROSS OBJECTION FILED BY THE ASSESSEE ARE DISMISSED . O RDER PRONOUNCED IN THE OPEN COURT ON 12 TH SEPTEMBER , 2018 . SD/ - SD/ - ( D.S. SUNDER SINGH ) ( V. DURGA RAO) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED : 12 / 0 9 / 201 8 VR / - COPY OF T HE ORDER FORWARDED TO : - 1. THE ASSESSEE KALYANI MODERN RICE MILL, #31 - 9 - 40, YADIDA ROAD, MANDAPETA, E.G. DISTRICT. 2. THE REVENUE ITO, WARD - 3, KAKINADA. 3. THE PR. CIT 2, VISAKHAPATNAM . 4 . THE CIT(A) - 9, HYDERABAD . 5 . DR, ITAT, VISAKHAPATNAM. 6 . GUARD FILE BY ORDER SENI OR PRIVATE SECRETARY ITAT, VISAKHAPATNAM