Income Tax Officer, Ward-1, Bhimavaram V. Vasarla Mutyala Rao, Bhimavaram

ITA 365/VIZ/2018

• Counselvise Citation: [2019] 116 COUNSELVISE.COM (IT) 9784 (ITAT-VISAKHAPATNAM)
• Duration Of Justice: 11 month(s) 27 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 03-07-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 18-03-2019
• Assessment Year: 2014-2015
• Appeal Filed On: 06-07-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SUMAN MALIK
• 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. 365 / VIZ /201 8 (ASST. YEAR : 2014 - 15 ) IT O , WARD - 1, BHIMAVARAM . V S . VASARLA MUTYALA RAO, S/O MUTYAM, D.NO. 9 - 7 - 25, GANDHINAGAR, BHIMAVARAM. PAN NO. AMVPV 4265 H (APPELLANT) (RESPONDENT) C.O.NO. 39 /VIZ/2019 (ARISING OUT OF ITA NO. 365 / VIZ /201 8 ) (ASST. YEAR : 2014 - 15 ) VASARLA MUTYALA RAO, S/O MUTYAM, D.NO. 9 - 7 - 25, GANDHINAGAR, BHIMAVARAM. VS. ITO, WARD - 1, BHIMAVARAM. PAN NO. AMVPV 4265 H (APPELLANT) (RESPONDENT) ASSESSEE BY : SHRI G.V.N. HARI ADVOCATE . DEPARTMENT BY : SMT. SUMAN MALIK SR. DR DATE OF HEARING : 25 / 0 6 /201 9 . DATE OF PRONOUNCEMENT : 03 / 0 7 /201 9 . O R D E R PER V. DURGA RAO , JUDICIAL MEMBER TH I S APPEAL BY THE REVENUE AND THE CROSS OBJECTION BY THE ASSESSEE ARE DIRECTED AGAINST THE ORDER OF COMMISSIONER OF INCOME TAX (APPEALS) - 1 2 , HYDERABAD , DATED 05 /0 4 /201 8 FOR THE ASSESSMENT YEAR 20 14 - 1 5 . 2 ITA NO. 365 /VIZ/2018 C.O.NO . 39/VIZ/2019 ( VASARLA MUTYALA RAO ) 2. WHEN TH IS APPEAL I S TAKEN UP FOR HEARING, LD. COUNSEL FOR THE ASSESSEE HAS SUBMITTED THAT THE TAX EFFECT INVOLVED IN THIS APPEAL IS BELOW RS. 20.00 LAKHS AND AS PER THE CBDT CIRCULAR NO. NO. 03 /201 8 , DATED 11.07 .201 8, TH IS APPEAL FILED BY THE REVENUE SAME IS NOT MAINTAINABLE . 3 . LD. DEPARTMENTAL REPRESENTATIVE RELIED ON THE GROUNDS OF APPEAL . 4 . WE FIND THAT T HE TAX EFFECT INVOLVED IN THIS APPEAL IS BELOW RS. 20 .00 LAKHS . AS PER THE CBDT CIRCULAR NO. 03 /201 8 , DATED 11.07 .201 8 THIS APPEAL IS NOT MAINTAINABLE , HENCE, THE SAME IS DISMISSED. 5. SO FAR AS CROSS OBJECTION FILED BY THE ASSESSEE S IS CONCERNED , THERE IS A DELAY OF 102 DAYS. NO CONDONATION APPLICATION IS FILED THOUGH DEFECT NOTICE ISSUED , THEREFORE SAME IS DISMISSED IN LIMINE . 6 . IN THE RESULT, APPEAL FILED BY THE REVENUE AND THE C.O. FILED BY THE ASSESSEE ARE DISMISSED. ORDER PRONOUNCED IN OPEN COURT ON TH IS 0 3 R D DAY OF JU LY , 201 9 . S D / - S D / - (D.S. SUNDER SINGH) (V. DURGA RAO) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED : 0 3 R D JU L Y , 201 9 . VR/ - 3 ITA NO. 365 /VIZ/2018 C.O.NO . 39/VIZ/2019 ( VASARLA MUTYALA RAO ) COPY TO: 1. THE ASSESSEE. A) M/S. DASPALLA HOTELS PVT. LTD. B) M/S. DASPALLA RESORTS LTD. BOTH ARE RESIDENTS OF D.NO. 28 - 2 - 248, SURYABAGH, VISAKHAPATNAM. 2. THE REVENUE ACIT, CIRCLE - 3(1), VISAKHAPATNAM. 3. THE PR. CIT - 1 , VISAKHAPATNAM. 4. THE CIT(A) - 1, VISAKHAPATNAM. 5. THE D.R . , VISAKHAPATNAM. 6. GUARD FILE. BY ORDER (VUKKEM RAMBABU) SR. PRIVATE SECRETARY, ITAT, VISAKHAPATNAM.