ITO, Ward-1(2), Visakhapatnam V. S. Suryanarayana & Co, Visakhapatnam

ITA 369/VIZ/2017

• Counselvise Citation: [2017] 126 COUNSELVISE.COM (IT) 6674 (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: Allowed
• Bench Allotted: SMC
• Assessment Year: 2006-2007
• Appeal Filed On: 19-06-2017
• Result in Favour of: Revenue
• 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 S . 369 & 370 / VIZ /201 7 (ASST. YEAR : 20 1 2 - 1 3 ) ITO, WARD - 1 (2) , VISAKHAPATNAM . VS. M/S. S. SURYANARAYANA & CO., D.NO. 11 - 8 - 25, PLOT NO. 21, DASPALLA HILLS, VISAKHAPATNAM. PAN NO. AAQFS 7133 L (APPELLANT) (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 THESE ARE THE APPEALS FILED BY THE REVENUE AGAINST THE SEPARATE ORDERS OF LD. CIT(A) - 1, VISAKHAPATNAM EACH DATED 20/03/2017 FOR THE ASSESSMENT YEAR 2006 - 07. 2. AT THE OUTSET , L EARNED COUNSEL FOR THE ASSESSEE HAS SUBMITTED THAT SINCE TAX EFFECT INVOLVED IN THESE APPEAL S IS BELOW 10 L AKHS AND AS PER THE CBDT CIRCULAR NO. 21/2015 , DATED 10/12/2015 , THE REVENUE OUGHT NOT TO FILE THESE APPEALS . IT WAS FURTHER SUBMITTED THAT THESE APPEALS FILED BY THE REVENUE MAY BE DISMISSED. 3. ON THE OTHER HAND, L EARNED DEPARTMENTAL REPRESENTATIVE HAS SUBMITTED THAT TH E S E APPEAL S COVER BY THE EXCEPTION PROVIDED IN PARA 2 ITA NO S . 369 & 370 /VIZ/2017 ( M/S. S. SATYANARAYANA & CO. ) 8 (B) OF THE BOARD S CIRCULAR N O . 21/15 DATED 10/12/2015 . WHEN BENCH POINTED OUT HOW THIS APPEAL COMES UNDER THE EXCEPTION IN PARA 8(B) OF THE ABOVE CIRCULAR , THE DEPARTMENTA 3 L REPRESENTATIVE IS NOT ABLE SUBSTANTIATE THE GROUND RAISED BY THE DEPARTMENT. 4 . WE HAVE HEARD BOTH THE SIDES, PERUSED THE MATERIAL AVAILABLE ON RECORD . 5 . KEEPING IN VIEW OF THE ABOVE, WE FIND THAT TAX EFFECT INVOLVED IN TH E S E APPEAL S IS BELOW 10 LAKHS AND IT DOES NOT COVER BY THE EXCEPTION PROVIDED IN PARA 8(B) OF THE BOARDS CIRCULAR NO. 21/15 DATED 10/12/2015. THUS, TH ESE APPEAL S FILED BY THE REVENUE ARE DISMISSED. 6 . IN THE RESULT, THE APPEAL S FILED BY THE REVENUE 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 M/S. S. SURYANARAYANA & CO., D.NO. 11 - 8 - 25, PLOT NO. 21, DASPALLA HILLS, VISAKHAPATNAM. 2. THE REVENUE - IT O , WARD - 1 (2) , 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.