Assistant Commissioner of Income Tax, Central Circle-1, Visakhapatnam V. Gadiraju Ramakrishnam Raju, Visakhapatnam

ITA 323/VIZ/2018

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 0281 (ITAT-VISAKHAPATNAM)
• Duration Of Justice: 3 month(s) 1 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 20-09-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2011-2012
• Appeal Filed On: 18-06-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: DEBA KUMAR SONAWAL
• Keywords: Tax effect

Judgement Text

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 ITA NO. 323 / VIZ /201 8 (ASST. YEAR : 20 1 1 - 1 2 ) AC IT, CENTRAL CIRCLE - 1, VISAKHAPATNAM. V S . GADIRAJU RAMAKRISHNAM RAJU, D.NO. 2 - 48 - 23/4, FLAT NO. 401, G.B. MANSION, MVP COLONY, VISAKHAPATNAM. PAN NO. ACZPG 1800 D (APPELLANT) (RESPONDENT) C.O.NO. 59 /VIZ/2018 (ARISING OUT OF ITA NO. 323 / VIZ /201 8 ) (ASST. YEAR : 20 1 1 - 1 2 ) GADIRAJU RAMAKRISHNAM RAJU, D.NO. 2 - 48 - 23/4, FLAT NO. 401, G.B. MANSION, MVP COLONY, VISAKHAPATNAM. VS. AC IT, CENTRAL CIRCLE - 1, VISAKHAPATNAM. PAN NO. ACSPG 1800 D (APPLICANT) (RESPONDENT) ASSESSEE BY : SHRI G.V.N. HARI, ADVOCATE DEPARTMENT BY : SHRI DEBA KUMAR SONAWAL, CIT DR DATE OF HEARING : 19 / 0 9 /201 8 . DATE OF PRONOUNCEMENT : 20 / 09 /201 8 . O R D E R PER V. DURGA RAO, JUDICIAL MEMBER TH IS APPEAL BY THE REVENUE AND THE CROSS OBJECTION BY THE ASSESSEE ARE DIRECTED AGAINST THE ORDER OF COMMISSIONER OF 2 ITA NO. 323 /VIZ/201 8 C.O. 59 /VIZ/2018 ( GADIRAJU RAMAKRISHNAM RAJU ) INCOME TAX (APPEALS) - 3 , VISAKHAPATNAM , DATED 12 /0 3 /201 8 FOR THE ASSESSMENT YEAR 20 1 1 - 1 2 . 2. WHEN THIS APPEAL IS TAKEN UP FOR HEARING, LD. COUNSEL FOR THE ASSESSEE HAS SUBMITTED THAT THE TAX EFFECT INVOL VED IN THIS APPEAL IS BELOW RS.2 0 LAKHS AND A S PER THE LATEST CBDT CIRCULAR N O. 03 /201 8 DATED 11.07 .201 8 , THE APPEAL FILED BY THE REVENUE IS NOT MAINTAINABLE. LD. DEPARTMENTAL REPRESENTATIVE HAS NOT RAISED ANY OBJECTION. IN VIEW OF THE ABOVE, THIS APPEAL FILED BY THE REVENUE IS NOT MAINTAINABLE AND ACCORDINGLY DISMISSED. 3 . SO FAR AS CROSS OBJECTION IS CONCERNED, IT IS IN SUPPORT OF THE ORDER OF THE LD. CIT(A), HENCE, THE SAME IS DISMISSED. 4. IN THE RESULT, APPEAL FILED BY THE REVENUE AS WELL AS CROSS OBJECTION FILED BY THE ASSESSEE IS DISMISSED . ORDER PRONOUNCED IN OPEN COURT ON THIS 2 1 S T DAY OF SEP., 201 8 . S D / - S D / - ( D.S. SUNDER SINGH ) ( V. DURGA RAO ) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED : 2 0 /09 /2018 VR/ - 3 ITA NO. 323 /VIZ/201 8 C.O. 59 /VIZ/2018 ( GADIRAJU RAMAKRISHNAM RAJU ) COPY TO: 1. THE ASSESSEE GADIRAJU RAMAKRISHNAM RAJU, D.NO. 2 - 48 - 23/4, FLAT NO. 401, G.B. MANSION, MVP COLONY, VISAKHAPATNAM. 2. THE REVENUE ACIT , CENTRAL CIRCLE - 1, VISAKHAPATNAM. 3. THE PR. CIT (CENTRAL) , VISAKHAPATNAM. 4. THE CIT(A) - 3 , VISAKHAPATNAM. 5. THE D.R . , VISAKHAPATNAM. 6. GUARD FILE. BY ORDER (VUKKEM RAMBABU) SR. PRIVATE SECRETARY, ITAT, VISAKHAPATNAM.