THE ITO WARD -2(1), Vijayawada V. Mithra Agencies(Auto Mobails Diviison), Vijayawada

ITA 445/VIZ/2014

• Counselvise Citation: 44525314 RSA 2014
• Duration Of Justice: 7 month(s) 22 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 25-02-2015
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2008-2009
• Appeal Filed On: 03-07-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SARISH KUMAR
• Assessee Lawyers: C P RAMASWAMI
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL VISAKHAPATNAM BENCH : VISAKHAPATNAM BEFORE SHRI J. SUDHAKAR REDDY, ACCOUNTANT MEMBER AND SHRI SAKTIJIT DEY, JUDICIAL MEMBER ITA NO.445 & 446/VIZAG/2014 ASSESSMENT YEARS 2008-09 & 2011-2012 THE INCOME TAX OFFICER, WARD 2 (1) VIJAYAWADA. VS. THE MITHRA AGENCIES, VIJAYAWADA PAN AABFT6695B (APPELLANT) (RESPONDENT) FOR REVENUE : MR. SARISH KUMAR, SR. D.R. FOR ASSESSEE : MR. C.P. RAMASWAMI DATE OF HEARING : 25.02.2015 DATE OF PRONOUNCEMENT : 25.02.2015 ORDER PER J. SUDHAKAR REDDY, A.M. THESE APPEALS BY THE REVENUE ARE DIRECTED AGAINST THE ORDER OF THE CIT(A), VIJAYAWADA DATED 28.04.201 4 FOR THE ASSESSMENT YEARS 2008-2009 AND 2011-2012 ON VARIOUS GROUNDS. 2. AT THE OUTSET OF HEARING, THE LEARNED REPRESENT ATIVE FOR THE ASSESSEE RAISED A PRELIMINARY OBJECTION BY POINTING OUT INSTRUCTION NO. 5/2014 DATED 10.07.2014 ISSUED BY T HE CENTRAL BOARD OF DIRECT TAXES (CBDT) FIXING THE MONETARY LI MITS FOR FILING OF DEPARTMENTAL APPEALS BEFORE THE TRIBUNAL. IN TER MS OF THE SAID INSTRUCTION, MONETARY LIMIT FOR FILING DEPARTMENTAL APPEAL TO THE TRIBUNAL HAS BEEN FIXED AT RS 4 LAKHS. IN OTHER WOR DS, IN CASES WHERE THE TAX EFFECT OF THE ADDITIONS DELETED BY TH E COMMISSIONER OF INCOME-TAX (APPEALS) IS LESS THAN RS 4 LAKHS, NO APPEAL SHALL BE FILED BY THE DEPARTMENT IN SUCH CASES. ACCORDING TO THE 2 ITA.NOS. 445 & 446/VIZAG/2014 THE MITHRA AGENCIES, VIJAYAWADA. LEARNED REPRESENTATIVE, THE TAX EFFECT WITH RESPECT TO THE RELIEF ALLOWED BY THE COMMISSIONER OF INCOME-TAX (APPEALS) IN THE CAPTIONED APPEAL IS BELOW RS 4 LAKHS. SUCH FACTUAL MATRIX HAS NOT BEEN CONTESTED BY THE LEARNED DEPARTMENTAL REPR ESENTATIVE FOR THE REVENUE, THOUGH THE RELIEF ALLOWED BY THE C OMMISSIONER OF INCOME-TAX (APPEALS) IS SOUGHT TO BE ASSAILED ON MERITS. 3. WE FIND THAT IN A RECENT DECISION, THE CO-ORDIN ATE BENCH OF ITAT KOLKATA IN THE CASE OF ITO S. SUJIT P ANDEY I.T. APPEAL NO. 1914/KOL/2012 DATED 10.09.2014 HELD THAT THE REVISED INSTRUCTIONS DATED 10.7.2014 (SUPRA) ARE AP PLICABLE TO THE PRESENT CASES ALSO, ALTHOUGH SUCH APPEALS HAVE BEEN FILED ON A PRIOR DATE. 4. IN VIEW OF THE PRECEDENT BROUGHT OUT BY THE LEA RNED REPRESENTATIVE FOR THE ASSESSEE, FACTUALLY THE DEPA RTMENTAL APPEAL IS LIABLE TO BE CONSIDERED TO HAVE BEEN FILE D CONTRARY TO THE CBDT INSTRUCTIONS DATED 10.7.2014 (SUPRA). 5. FOLLOWING THE ORDER OF THE COORDINATE BENCH OF THE KOLKATA TRIBUNAL IN THE CASE OF ITO VS. SUJIT PANDE Y (SUPRA), THE CAPTIONED APPEALS FILED BY THE REVENUE ARE NOT MAIN TAINABLE IN VIEW OF CBDT INSTRUCTION NO. 5/2014 DATED 10.07.201 4 (SUPRA) AS THE TAX EFFECT WITH RESPECT TO THE QUANTUM OF RE LIEF ALLOWED BY THE COMMISSIONER OF INCOME-TAX (APPEALS) IS BELOW R S 4 LAKHS. FURTHER, SINCE, THE LEARNED D.R. COULD NOT POINT OU T ANY CONTRARY DECISION NOR POINT OUT ANY EXCEPTIONS TO THE CBDT I NSTRUCTIONS DATED 10.07.2014 WHICH HAS BINDING EFFECT ON THE DE PARTMENT, WE DISMISS THE APPEALS OF THE REVENUE. 6. IN THE RESULT, APPEALS OF THE REVENUE ARE DISMI SSED. 3 ITA.NOS. 445 & 446/VIZAG/2014 THE MITHRA AGENCIES, VIJAYAWADA. ORDER PRONOUNCED IN THE OPEN COURT ON 25.02.20 15. SD/- SD/- (SAKTIJIT DEY) (J. SUDHAKAR REDDY) JUDICIAL MEMBER ACCOUNTANT MEMBER VISAKHAPATNAM, DATED 25 TH FEBRUARY, 2015. VBP/- COPY TO 1. THE INCOME TAX OFFICER, WARD 2 (1), CENTRAL REVE NUE BUILDING, M.G. ROAD, VIJAYAWADA 520 002. 2. THE MITHRA AGENCIES (AUTOMOBILE DIVISION), OPP. ALL INDIA RADIO, M.G. ROAD, VIJAYAWADA. 3. CIT(A), VIJAYAWADA 4. CIT, VIJAYAWADA. 5. D.R. ITAT, VISAKHAPATNAM BENCH, VISAKHAPATNAM.