Assistant Commissioner of Income Tax, Circle-1, , Eluru V. 3F, Industries Limited, Tadepalligudem

ITA 336/VIZ/2018

• Counselvise Citation: [2020] 111 COUNSELVISE.COM (IT) 3686 (ITAT-VISAKHAPATNAM)
• Duration Of Justice: 1 year(s) 8 month(s) 12 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 04-03-2020
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2008-2009
• Appeal Filed On: 22-06-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: S RAVI SHANKAR NARAYAN
• Keywords: Tax effect
• Section: 201; 13

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. 33 6 /VIZ/201 8 ( / ASSESSMENT YEAR : 20 08 - 09 ) ASST. COMMISSIONER OF INCOME TAX CIRCLE - 1 ELURU VS. M/S 3F INDUSTRIES LTD. TANUKU ROAD TADEPALLIGUDEM WEST GODAVARI [PAN AAACF2643K] ( / APPELLANT) ( / RESPONDENT) / APPELLANT BY : SHRI S.RAVI SHANKAR NARAYAN, CIT, DR / RESPONDENT BY : MS.SUVIBHA NOLKHA, AR / DATE OF HEARING : 03 . 03 .20 20 / DATE OF PRONOUNCEMENT : 04 .03.2020 / O R D E R P ER SHRI D.S.SUNDER SINGH, ACCOUNTANT MEMBER : DELAY : THERE WAS A DELAY OF 13 DAYS IN FILING THE APPEAL BY THE DEPARTMENT. THE DEPARTMENT FILED CONDONATION PETITION AND SUBMITTED THAT THE DELAY HAS OCCURRED INADVERTENTLY DUE TO THE REASONS BEYOND THE CONTROL OF THE DEPARTMENT AND HENCE REQUESTED TO CONDONE T HE DELAY. WE HAVE GONE THROUGH THE CONDONATION PETITION FILED BY THE DEPARTMENT AND AFTER HEARING BOTH THE PARTIES, WE CONDONE THE DELAY AND ADMIT THE APPEAL. 2 I.T.A. NO. 33 6 /VIZ/201 8 , A.Y.20 08 - 09 M/S 3F INDUSTRIES LTD., TADEPALLIGUDEM TH IS APPEAL IS FILED BY THE REVENUE AGAINST THE ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS) [CIT(A)] - 11,HYDERABAD IN APPEAL NO. 60 /2017 - 18 /ACIT, CIRCLE - 1,RJY/CIT(A) - 11, HYD/2017 - 18 DAT ED 29 .0 1 .201 8 FOR THE ASSESSMENT YEAR (A.Y.) 20 08 - 09. 3. WHEN TH IS APPEAL IS TAKEN UP FOR HEARING, THE LD. COUNS EL FOR THE ASSESSEE HAS SUBMITTED THAT THE TAX EFFECT INVOLVED IN TH IS APPEAL IS BELOW RS. 5 0 LAKHS. AS PER THE LATEST CIRCULAR NO. 17/ 201 9 , DATED 08. 0 8. 201 9 OF CBDT, WHICH IS IN SUPERSESSION OF ITS CIRCULAR NO. 3 /2 0 1 8 DATED 1 1.07. 201 8 , IN RELATION TO FILING OF APPEALS BEFORE THE INCOME TAX APPELLATE TRIBUNAL , THE APPEAL FILED BY THE REVENUE IS NOT MAINTAINABLE. IN VIEW OF THE ABOVE, THE APPEAL FILED BY THE REVENUE IS NOT MAINTAINABLE. HENCE, THE SAME IS DISMISSED WITH A LIBERTY TO DEPARTMENT TO FILE MISCEL LANEOUS APPLICATION TO RECALL THE ORDER IN CASE THE CASE FALLS IN ANY OF THE EXCEPTIONS MENTIONED IN THE SAID CIRCULAR. 4 . IN THE RESULT, THE APPEAL OF THE REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 4 TH MARCH, 2020. S D/ - S D/ - ( . ) ( . . ) (V. DURGA RAO) ( D.S. SUNDER SINGH ) /JUDICIAL MEMBER /ACCOUNTANT MEMBER /VISAKHAPATNAM /DATED : 04 . 0 3 .2020 L.RAMA, SPS 3 I.T.A. NO. 33 6 /VIZ/201 8 , A.Y.20 08 - 09 M/S 3F INDUSTRIES LTD., TADEPALLIGUDEM / COPY OF THE ORDER FORWARDED TO: - 1 . / THE REVENUE - ASST. COMMISSIONER OF INCOME TAX, CIRCLE - 1, ELURU 2. / THE ASSESSEE M/S 3F INDUSTRIES LTD., TANUKU ROAD, TADEPALLIGUDEM, WEST GODAVARI 3. THE PR. COMMISSIONER OF INCOME TAX , RAJAHMUNDRY 4. THE COMMISSIONER OF INCOME TAX (APPEALS) - 11, HYDERABAD 5 . , , / DR, ITAT, VISAKHAPATNAM 6 . / GUARD FILE / BY ORDER // TRUE COPY // SR. PRIVATE SECRETARY ITAT, VISAKHAPATNAM