ACIT, Circle-3(1), Visakhapatnam V. Pace Process Controls Private Limited, Visakhapatnam

ITA 373/VIZ/2017

• Counselvise Citation: [2017] 126 COUNSELVISE.COM (IT) 6693 (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. 37 3 /VIZ/ 201 7 ( / ASSESSMENT YEAR: 20 1 2 - 1 3 ) ACIT CIRCLE - 3( 1 ) VISAKHAPATNAM M/S PACE PROCESS CONTROLS PVT. LTD. 11 - 2 - 4/1, PLOT NO.10 OPP.GOVERNORS BUNG A LOW VISAKHAPATNAM [PAN : AA BCP0461E ] ( / APPELLANT) ( / RESPONDENT) / APPELLANT BY : SHRI R.S. ARAVINDAKSHAN, D R / RESPONDENT BY : NONE / 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. 37 3 /VIZ/201 7 M/S PACE PROCESS CONTROLS PVT. LTD , VISAKHAPATNAM 2. WHEN THIS APPEAL IS TAKEN UP FOR HEARING, THE LD. D.R. 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 ABOVE APPEAL IS NOT PRESSED. IN VIEW OF THE ABOVE, THIS APPEAL IS NOT MAINTAINABLE AND DISMISSED AS NOT PRESSED. 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) SUPRA. THEREFORE, THE APPEAL OF THE REVENUE ON THIS GROUND ALSO IS DISMISSED. 3 ITA NO. 37 3 /VIZ/201 7 M/S PACE PROCESS CONTROLS PVT. LTD , VISAKHAPATNAM 5. IN THE RESULT, APPEAL OF THE REVENUE IS DISMISSED. 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. 37 3 /VIZ/201 7 M/S PACE PROCESS CONTROLS PVT. LTD , VISAKHAPATNAM / COPY OF THE ORDER FORWARDED TO : - 1. / THE APPELLANT ACIT, CIRCLE - 3( 1 ) , VISAKHAPATNAM 2 . / THE RESPONDENT M/S PACE PROCESS CONTROLS PVT. LTD. , 11 - 2 - 4/1, PLOT NO.10 , OPP.GOVERNORS BUNGLOW , 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