Assistant Commissioner of Income Tax, Circle-3(1), Visakhapatnam V. PSV Engineers & Contractors Private Limited, Visakhapatnam

ITA 406/VIZ/2018

• Counselvise Citation: [2018] 119 COUNSELVISE.COM (IT) 2067 (ITAT-VISAKHAPATNAM)
• Duration Of Justice: 3 month(s) 17 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-11-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2014-2015
• Appeal Filed On: 30-07-2018
• 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, JUDICIAL MEMBER & SHRI D.S. SUNDER SINGH , ACCOUNTANT MEMBER . / I . T .A.NO. 406 /VIZ/2018 ( / ASSESSMENT YEAR: 2014 - 15) A CIT, CIRCLE - 3 (1) VISAKHAPATNAM VS. M/S P.S.V.ENGINEERS & CONTRACTORS PVT. LTD. D.NO.50 - 40 - 15, SEETHAMMADHARA VISAKHAPATNAM [PAN : AACCP9058L] ( / APPELLANT) ( / RESPONDENT) / APPELLANT BY : SMT. SUMAN MALIK , D R / RESPONDENT BY : NONE / DATE OF HEARING : 14 . 1 1 . 2018 / DATE OF PRONOUNCEMENT : 16 . 1 1 .2018 / O R D E R PER D.S. SUNDER SINGH, ACCOUNTANT MEMBER: TH IS APPEAL IS FILED BY THE REVENUE AGAINST THE ORDER OF THE COMMISSIONER OF INCOME TAX(APPEALS) [CIT(A)] - 1 0 , HYDERABAD VIDE I.T.A.NO. 0 135 /CIT(A) - 10/2017 - 18/CIT(A), HYD - 10/10 093 /2017 - 18 DATED 15 .0 5 .2018 FOR THE ASSESSMENT YEAR 2014 - 15 . 2 I.T.A. NO . 406 /VIZ/201 8 M/S P.S.V.ENGINEERS & CONTRACTORS PVT. LTD , VISAKHAPATNAM 2. WHEN TH IS APPEAL IS TAKEN UP FOR HEARING, THE LD. DR HAS SUBMITTED THAT THE TAX EFFECT INVOLVED IN TH IS APPEAL IS BELOW RS. 2 0 LAKHS. AS PER THE LATEST CIRCULAR NO. 03/2018, DATED 11 . 07 . 2018 CBDT BEING RETROSPECTIVE IN NATURE, WHICH IS IN SUPERSESSION OF ITS CIRCULAR NO. 21/2 0 15 DATED 10 . 12 . 2015, IN RELATION TO FILING OF APPEALS BEFORE THE INCOME TAX APPELLATE TRIBUNAL , THE APPEAL FILED BY T HE REVENUE IS NOT MAINTAINABLE, SINCE THE TAX EFFECT IN THIS CASE IS BELOW RS.20 LAKHS. IN VIEW OF THE ABOVE, THE APPEAL FILED BY THE REVENUE IS NOT MAINTAINABLE. HENCE, THE SAME IS DISMISSED . 3. IN THE RESULT, THE APPEAL FILED BY THE REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 16 TH NOVEMBER , 2018. S D/ - S D/ - ( . ) ( . . ) (V. DURGA RAO) ( D.S. SUNDER SINGH ) /JUDICIAL MEMBER /ACCOUNTANT MEMBER /VISAKHAPATNAM /DATED : 16 .11.2018 L.RAMA, SPS 3 I.T.A. NO . 406 /VIZ/201 8 M/S P.S.V.ENGINEERS & CONTRACTORS PVT. LTD , VISAKHAPATNAM / COPY OF THE ORDER FORWARDED TO: - 1 . / THE REVENUE A CIT, CIRCLE - 3 (1) , VISAKHAPATNAM 2 . / THE ASSESSEE - M/S P.S.V.ENGINEERS & CONTRACTORS PVT. LTD., D.NO.50 - 40 - 15, SEETHAMMADHARA, VISAKHAPATNAM 3. THE PR. COMMISSIONER OF INCOME TAX - 1, VISAKHAPATNAM 4. THE COMMISSIONER OF INCOME - TAX (APPEALS) - 1 0, HYDERABAD 5 . , , / DR, ITAT, VISAKHAPATNAM 6 . / GUARD FILE / BY ORDER // TRUE COPY // SR. PRIVATE SECRETARY ITAT, VISAKHAPATNAM