Assistant Commissioner of Income Tax, Central Circle-1, Visakhapatnam V. G.Rajasekhara Reddy, Hyderabad

ITA 324/VIZ/2018

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 0280 (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: 2007-2008
• Appeal Filed On: 18-06-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: DEBAKUMAR SONOWAL
• 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. 3 24 /VIZ/ 201 8 ( / ASSESSMENT YEAR: 20 07 - 08 ) THE ACIT, CIRCLE - 1 VISAKHAPATNAM VS. SRI G.RAJASEKHARA REDDY 7 - 2 - 1793, INDIGOS COUNTY FLAT NO.209, CZECH COLONY SANATH NAGAR HYDERABAD [PAN :A EPPG9099A ] ( / APPELLANT) ( / RESPONDENT) / REVENUE BY : SHRI DEBA KUMAR SONOWAL , DR / ASSESSEE BY : NONE / DATE OF HEARING : 19 . 09. 2018 / DATE OF PRONOUNCEMENT : 20 .0 9 .2018 / O R D E R PER D.S. SUNDER SINGH, ACCOUNTANT MEMBER: TH IS APPEAL IS FILED BY THE REVENUE AGAINST THE ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS) [CIT(A)] - 3 , VISAKHAPATNAM VIDE ITA NO. 76 /201 5 - 1 6/CIT(A) - 3/VSP/2017 - 18 DATED 31 .03.2018 FOR THE ASSESSMENT YEAR 2007 - 08 . 2 I.T.A. NO S . 3 24 /VIZ/201 8 SRI G.RAJASEKHAR REDDY, HYDERABAD 2. IN THIS APPEAL, THE TAX EFFECT PERTAINING TO THE AMOUNT DISPUTED BY THE REVENUE IS LESS THAN THE MONETARY LIMIT OF RS. 20 LAKH FIXED BY THE CBDT IN CIRCULAR NO. 03/2018, DATED 11 . 07 . 2018, WHICH IS IN SUPERSESSION OF ITS CIRCULAR NO. 21/2 0 15 DATED 10 . 12 . 2015, IN RELATION TO FILING OF APPEALS BEFORE THE INCOME TAX APPELLATE TRIBUNAL. TAKING INTO CONSIDERATION THE ABOVE, AND AL SO THE FACT THAT THE CBDT CIRCULAR UNDER REFERENCE APPLIES RETROSPECTIVELY EVEN TO PENDING APPEALS, WE HOLD THAT THE APPEAL FILED BY THE REVENUE IS NOT MAINTAINABLE AND LIABLE TO BE DISMISSED IN LIMINE. ACCORDINGLY, WE DISMISS THE APPEAL OF THE REVENUE . IN THE RESULT, APPEAL OF THE REVENUE IS DISMISSED. O RDER P R ONOUNCED IN THE OPEN COURT ON 20 TH S E PTEMBER 2018. S D/ - S D/ - ( . ) ( . . ) (V. DURGA RAO) ( D.S. SUNDER SINGH ) /JUDICIAL MEMBER /ACCOUNTANT MEMBER /VISAKHAPATNAM /DATED : 20 . 0 9 .2018 L.RAMA, SPS 3 I.T.A. NO S . 3 24 /VIZ/201 8 SRI G.RAJASEKHAR REDDY, HYDERABAD / COPY OF THE ORDER FORWARDED TO: - 1. / THE ASSESSEE - SRI G.RAJASEKHARA REDDY , 7 - 2 - 1793, INDIGOS COUNTY , FLAT NO.209, CZECH COLONY , SANATH NAGAR , HYDERABAD 2. / THE REVENUE THE ACIT, CIRCLE - 1 , VISAKHAPATNAM 3. THE PR. COMMISSIONER OF INCOME TAX (CENTRAL), VISAKHAPATNAM 4. THE COMMISSIONER OF INCOME - TAX (APPEALS) - 3 , VISAKHAPATNAM 5 . , , / DR, ITAT, VISAKHAPATNAM 6 . / GUARD FILE / BY ORDER // TRUE COPY // SR. PRIVATE SECRETARY ITAT, VISAKHAPATNAM