ACIT, Circle-1(1), Visakhapatnam V. Shri B.S.Suryanarayana Raju, Visakhapatanam

ITA 366/VIZ/2017

• Counselvise Citation: [2017] 126 COUNSELVISE.COM (IT) 6675 (ITAT-VISAKHAPATNAM)
• Duration Of Justice: 3 month(s) 1 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 21-09-2017
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2007-2008
• Appeal Filed On: 19-06-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: R S ARAVINDAKSHAN
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL VISAKHAPATNAM BENCH, VISAKHAPATNAM BEFORE SHRI V. DURGA RAO, HON'BLE JUDICIAL MEMBER & SHRI D.S. SUNDER SINGH, HON'BLE ACCOUNTANT MEMBER ITA NO. 36 6/ VIZ /201 7 (ASST. YEAR : 20 07 - 08 ) AC IT, CIRCLE - 1 ( 1 ) , VISAKHAPATNAM . VS. B.S. SURYANARAYANA RAJU . FLAT NO. 103, LAKSHMI APARTMENTS, KAILASH METTA, WALTAIR UPLANDS, VISAKHAPATNAM. PAN NO. ABXPB 0919 P (APPELLANT) (RESPONDENT) C.O.NO.74/VIZ/2017 ( ITA NO. 366/VIZ /201 7) (ASST. YEAR : 20 07 - 08 ) B.S. SURYANARAYANA RAJU. FLAT NO. 103, LAKSHMI APARTMENTS, KAILASH METTA, WALTAIR UPLANDS, VISAKHAPATNAM. VS. ACIT, CIRCLE - 1(1), VISAKHAPATNAM. PAN NO. ABXPB 0919 P ( OBJECTOR ) (RESPONDENT) ASSESSEE BY : SHRI G.V.N. HARI ADV OCATE . DEPARTMENT BY : SHRI R.S. ARAVINDAKSHAN - SR. DR DATE OF HEARING : 14 / 0 9 /201 7 . DATE OF PRONOUNCEMENT : 21 / 0 9 /201 7 . O R D E R PER V. DURGA RAO, JUDICIAL MEMBER THIS IS AN APPEAL FILED BY THE REVENUE AND THE CROSS OBJECTION FILED BY THE ASSESSEE AGAINST THE ORDER OF LD. CIT(A) - 1, VISAKHAPATNAM , DATED 31 /03/2017 FOR THE ASSESSMENT YEAR 200 7 - 0 8 . 2 ITA NO. 36 6 /VIZ/2017 & C.O.NO. 74/VIZ/2017 ( B.S. SURYANARAYANA RAJU ) ITA NO. 366/VIZ/2017 2. AT THE OUTSET , L EARNED COUNSEL FOR THE ASSESSEE HAS SUBMITTED THAT SINCE TAX EFFECT INVOLVED IN THIS APPEAL IS BELOW 10 L AKHS AND AS PER THE CBDT CIRCULAR NO. 21/2015 , DATED 10/12/2015 , THE REVENUE OUGHT NOT TO FILE THIS APPEAL . LEARNED COUNSEL FURTHER SUBMITTED THAT APPEAL FILED BY THE REVENUE MAY BE DISMISSED. 3. ON THE OTHER HAND, L EARNED DEPARTMENTAL REPRESENTATIVE HAS SUBMITTED THAT THIS APPEAL COVERS BY THE EXCEPTION PROVIDED IN PARA 8 (B) OF THE BOARD S CIRCULAR N O . 21/15 DATED 10/12/2015 . WHEN THIS BENCH HAS POINTED OUT THAT HOW THIS APPEAL COMES UNDER THE EXCEPTION PROVIDED IN PARA 8(B) OF THE ABOVE CIRCULAR , THE DEPARTMENTAL REPRESENTATIVE IS NOT ABLE SUBSTANTIATE THE GROUND RAISED BY THE DEPARTMENT. 4 . WE HAVE HEARD BOTH THE SIDES, PERUSED THE MATERIAL AVAI LABLE ON RECORD . 5 . KEEPING IN VIEW OF THE ABOVE, WE FIND THAT TAX EFFECT INVOLVED IN THIS APPEAL IS BELOW 10 LAKHS AND IT DOES NOT COVER S BY THE EXCEPTION PROVIDED IN PARA 8(B) OF THE BOARDS CIRCULAR NO. 21/15 DATED 10/12/2015. THUS, THIS APPEAL FILED BY THE REVENUE IS DISMISSED. C.O.NO.74/VIZ/2017 6. SO FAR AS CROSS OBJECTION IS CONCERNED, IT IS FILED IN SUPPORT OF THE ORDER OF THE LD. CIT(A) . IN VIEW OF THE ABOVE DECISION IN APPEAL I.E. ITA 3 ITA NO. 36 6 /VIZ/2017 & C.O.NO. 74/VIZ/2017 ( B.S. SURYANARAYANA RAJU ) NO. 74/VIZ/2017 , THIS CROSS OBJECTION FILED BY THE ASSESSEE HAS BECOME INFRUCTUOUS AND ACCORDINGLY DISMISSED . 7 . IN THE RESULT, APPEAL FILED BY THE REVENUE AND THE CROSS OBJECTION FILED BY THE ASSESSEE ARE DISMISSED. ORDER PRONOUNCED IN OPEN COURT ON THIS 2 1 S T DAY OF SEPTEMBER , 201 7 . S D / - S D / - (D.S. SUNDER SINGH) ( V. DURGA RAO ) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED : 2 1 S T SEPTEMBER , 201 7 . VR/ - COPY TO: 1. THE ASSESSEE B.S. SURYANARAYANA RAJU, FLAT NO. 103, LAKSHMI APARTMENTS, KAILASH METTA, WALTAIR UPLANDS, VISAKHAPATNAM. 2. THE REVENUE - AC IT, CIRCLE - 1 ( 1 ) , VISAKHAPATNAM . 3. THE P CIT - 1 , VISAKHAPATNAM. 4. THE CIT(A) - 1 , VISAKHAPATNAM . 5. THE D.R. , VISAKHAPATNAM. 6. GUARD FILE. BY ORDER (VUKKEM RAMBABU) SENIOR PRIVATE SECRETARY, ITAT, VISAKHAPATNAM.