ACIT, Circle-1(1), Visakhapatnam V. Gangireddy Shipping., Visakhapatnam

ITA 368/VIZ/2017

• Counselvise Citation: [2017] 126 COUNSELVISE.COM (IT) 6704 (ITAT-VISAKHAPATNAM)
• Duration Of Justice: 3 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 20-09-2017
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2012-2013
• 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, JUDICIAL MEMBER & SHRI D.S. SUNDER SINGH , ACCOUNTANT MEMBER . / I . T .A.NO. 3 68 /VIZ/ 201 7 ( / ASSESSMENT YEAR: 20 1 2 - 1 3 ) ACIT CIRCLE - 1 (1) VISAKHAPATNAM M/S GANGIREDDY SHIPPING 10 - 27 - 5/1, WALTAIR UPLANDS VISAKHAPATNAM [PAN : AA GFG2541Q ] ( / APPELLANT) ( / RESPONDENT) / APPELLANT BY : SHRI R.S. ARAVINDAKSHAN, D R / RESPONDENT BY : G.V.N.HARI / DATE OF H EARING : 14 .0 9 .2017 / DATE OF P RONOUNCEMENT : 20 . 09. 2017 / O R D E R PER D.S. SUNDER SINGH , ACCOUNTANT MEMBER : THIS APPEAL IS FILED BY THE REVENUE AGAINST THE ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS) [ CIT(A) ] - 2 , GUNTUR DATED 2 8 .3.201 7 FOR THE ASSESSMENT YEAR 20 12 - 1 3. 2 ITA NO. 3 68 /VIZ/201 7 M/S GANGIREDDY SHIPPING , VISAKHAPATNAM 2. WHEN THIS APPEAL IS TAKEN UP FOR HEARING, THE LD. COUNSEL FOR THE ASSESSEE HAS SUBMITTED THAT THE TAX EFFECT INVOLVED IN THIS APPEAL IS BELOW RS.10 LAKHS. AS PER THE LATEST CIRCULAR NO.21/2015 DATED 10.12.2015 OF CBDT BEING RETROSPECTIVE IN NATURE, THE APPEAL FILED BY THE REVENUE IS NOT MAINTAINABLE. THE LD. D.R. HAS NOT RAISED ANY OBJECTION. IN VIEW OF THE ABOVE, THE APPEAL FILED BY THE REVENUE IS NOT MAINTAINABLE. HENCE , THE SAME IS DISMISSED. 3. THE DEPARTMENT HAS FILED APPEAL STATING THAT THE CASE I S COVERED BY EXCEPTION PROVIDED IN PARA NO.8(B) OF CIRCULAR NO.21/2015 WHICH READS AS UNDER : 8. ADVERSE JUDGMENTS RELATING TO THE FOLLOWING ISSUES SHOULD BE CONTESTED ON MERITS NOTWITHSTANDING THAT THE TAX EFFECT ENTAILED IS LESS THAN THE MONETARY LIMITS SPECIFIED IN PARA 3 ABOVE OR THERE IS NO TAX EFFECT : (B) WHERE BOARDS ORDER, NOTIFICATION, INSTRUCTION OR CIRCULAR HAS BEEN HELD TO BE ILLEGAL OR ULTRA VIRES, OR 4. THE DEPARTMENT HAS NOT PLACED ANY MATERIAL TO SHOW THAT THE CASE IS COVERED BY EXCEPTION AS PER CIRCULAR NO.21/2015, PARA 8(B) 3 ITA NO. 3 68 /VIZ/201 7 M/S GANGIREDDY SHIPPING , VISAKHAPATNAM SUPRA. THEREFORE, THE APPEAL OF THE REVENUE ON THIS GROUND ALSO IS DISMISSED. 5. IN THE RESULT, APPEAL OF THE REVENUE IS DISMIS SED. T HE ABOVE ORDER WAS PRONOUNCED IN THE OPEN COURT ON 20 TH S EP 20 17 . SD/ - SD/ - ( . ) ( . . ) (V. DURGA RAO) ( D.S. SUNDER SINGH ) /JUDICIAL MEMBER / ACCOUNTANT MEMBER /VISAKHAPATNAM /DATED : 20 . 0 9 .2017 L. RAMA, SPS 4 ITA NO. 3 68 /VIZ/201 7 M/S GANGIREDDY SHIPPING , VISAKHAPATNAM / COPY OF THE ORDER FORWARDED TO : - 1. / THE APPELLANT ACIT, CIRCLE - 1 ( 1 ) , VISAKHAPATNAM 2 . / THE RESPONDENT M/S GANGIREDDY SHIPPING , 10 - 27 - 5/1, WALTAIR UPLANDS VISAKHAPATNAM 3 . THE CHIEF COMMISSIONER OF INCOME TAX, VI SAKHAPATNAM 4.THE COMMISSIONER OF INCOME TAX (APPEALS) - 2, GUNTUR 5 . , , / DR, ITAT, VISAKHAPATNAM 6 . / GUARD FILE / BY ORDER // TRUE COPY // SR. PRIVATE SECRETARY ITAT, VISAKHAPATNAM