THE ITO, WARD -2(4), Vijayawada V. Smt.Y.Koteswaramma, Visakhapatnam

ITA 432/VIZ/2013

• Counselvise Citation: [2015] 140 COUNSELVISE.COM (IT) 94106 (ITAT-VISAKHAPATNAM)
• Duration Of Justice: 2 year(s) 1 month(s) 27 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 30-07-2015
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2006-2007
• Appeal Filed On: 03-06-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: M N M NAIK SR
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, VISHAKHAPATNAM SMC BENCH, VISHAKHAPATNAM BEFORE SHRI B.R.BASKARAN, ACCOUNTA NT MEMBE R I .T .A. NO. 432 /VIZ /20 13 A SSESSMENT YEAR :2006 - 07 ITO, WARD - 2(4), VIJAYAWADA. VS. SMT. Y KOTESWARAMMA, FLAT NO - 10, SEA VIEW APARTMENTS(NEW), BEAT ROAD, VISAKHAPATNAM PAN/GIR NO. : AAPPY 4682 D APPELLANT ) .. RESPONDENT ) APPELLANT BY : SHRI M.N. M NAIK, SR. AR RESPONDENT BY : NONE DATE OF HEARING : 30 /7 /2015 DATE OF PRONOUNCEMENT : 30 /7 /2015 O R D E R THE REVENUE HAS FILED THIS APPEAL CHALLENGING THE ORDER DATED 27.3.2013 OF THE LD CIT(A) - VIJ AY AW ADA AND IT RELATES TO THE ASSESSMENT YEAR 2006 - 07. 2. THE REVENUE IS AGGRIEVED BY THE DECISION OF THE LD CIT (A) I N DELETING THE ADDITION RELATING TO DIFFERENCE OF CAPITAL AMOUNTING TO RS.1,30,814/ - AND ADDITION OF RS.90,000/ - RELATING TO LONG TERM CAPITAL GAINS. 3. NOTICE OF HEARING SENT TO THE ASSESSEE WAS RETURNED BACK BY THE POSTAL AUTHORITIES WIT H THE REMARKS ADDRESSEE LEFT. NO OTHER NEW ADDRESS IS PLACED ON RECORD BY THE RESPONDENT - ASSESSEE TO SERVE THE NOTICE OF HEARING. HENCE, WE PROCEED TO DISPOSE OF THE APPEAL EXPARTE, WITHOUT THE PRESENCE OF THE ASSESSEE. 2 I.T.A. NO. 432/VIZ/2013 A SSESSMENT YEAR :2006 - 07 4. IT IS NOTICED THAT THE TAX EFFECT INVOLVED IN THIS APPEAL IS LESS THAN RS.3 LAKHS AND HENCE, AS PER THE INSTRUCTION NO.3/2011 DT.9.2.2011 ISSUED BY THE CBDT, THE REVENUE SHOULD NOT HAVE PREFERRED APPEAL BEFORE THE TRIBUNAL. WHEN THIS FACT WAS POINTED OUT TO LD D.R., HE ALSO AGREED THAT THE APPEAL IS NOT MAINTAINABLE ON THE GROUND OF TAX EFFECT. 5. SINCE THE TAX EFFECT INVOLVED IN THIS APPEAL IS LESS THAN RS.3 LAKHS, I DISMISS THE APPEAL IN LIMINE AS NOT MAINTAINABLE. 6. IN THE RESULT, APPEAL FILED BY THE REVENUE IS DISMISSED. ORD ER PRONOUNCED IN THE OPEN COURT ON 30 /7 /2015 . SD/ - ( B.R.BASKARAN) ACCOUNTANT MEMBER DATED 30 / 7 /2015 B.K.PARIDA , SR. PS COPY OF THE ORDER FORWARDED TO : 1. THE APPELLANT : ITO, WARD - 2(4), VIJAYAWADA. 2. THE RESPONDENT. SMT. Y KOTESWARAMMA, FLAT NO - 10, SEA VIEW APARTMENTS(NEW), BEAT ROAD, VISAKHAPATNAM 3. THE CIT(A) - V IJAWAYADA 4. CIT , V IJAWAYADA 5. DR, ITAT, VISHAKHAPATNAM 6. / GUARD FILE. BY ORDER, //TRUE COPY// ASST. REGISTRAR, ITAT, VISHAKHAPATNAM