The DCIT, Circle-3(1), Visakhapatnam V. M/s Abhilash Synergic Constructions & Exports Pvt.. Ltd, Visakhapatnam

ITA 446/VIZ/2005

• Counselvise Citation: [2009] 115 COUNSELVISE.COM (IT) 2821 (ITAT-VISAKHAPATNAM)
• Duration Of Justice: 4 year(s) 1 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 03-12-2009
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2001-2002
• Appeal Filed On: 18-10-2005
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: R K SINGH

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL VISAKHAPATNAM BENCH, VISAKHAPATNAM BEFORE: SHRI SUNIL KUMAR YADAV, JUDICIAL MEMBER AND SHRI BR BASKARAN, ACCOUNTANT MEMBER ITA NO.446/VIZAG/2005 ASSESSMENT YEAR : 2001-02 DCIT, CIRCLE-3(1), VISAKHAPATNAM ABHILASH SYNERGETIC CONSTRUCTIONS AND EXPORTS PVT. LTD., VISAKHAPATNAM (APPELLANT) VS. (RESPONDENT) PAN NO.AAFCA9530M APPELLANT BY: SHRI R.K. SINGH, DR RESPONDENT BY: SHRI C. SUBRAHMANYAM, CA ORDER PER SHRI S.K. YADAV, JUDICIAL MEMBER:- THIS APPEAL BY THE REVENUE IS DIRECTED AGAINST THE ORDER DATED 25.08.2005 PASSED BY THE CIT (A)-I, VISAKHAPATNAM, AND IT PERTAINS TO THE ASSESSMENT YEAR 2001-02. 2. BOTH THE PARTIES HAVE AGREED THAT THE REVENUE EF FECT IN THIS CASE IS LESS THAN RS.2,00,000/-. HENCE, THE SAME IS LIABLE TO B E DISMISSED IN VIEW OF JUDGEMENT OF THE JURISDICTIONAL HIGH COURT IN THE C ASE OF C.I.T. VS A. RAJENDRA PRASAD (299 ITR 227) . IN THE SAID DECISION, HONBLE COURT HAS HELD THA T THE CBDT INSTRUCTIONS FIXING MONETARY LIMITS FOR FILING APPEALS ARE STATUTORY IN NATURE AS THEY WERE ISSUED BY THE CBDT IN EXERCISE OF POWERS UNDER SECTION 119 OF THE INCOME TAX ACT AND THE REVENUE HAS TO NE CESSARILY FOLLOW THEM AND IF A CASE FALLS UNDER ONE OF THE EXCEPTIONS PRO VIDED IN THE CIRCULARS, A SPECIFIC GROUND SHOULD BE RAISED IN THAT REGARD. A DMITTEDLY, THE REVENUE HAS NOT RAISED A SPECIFIC GROUND TO SHOW THAT THE CASE FALLS WITHIN THE EXCEPTIONS PROVIDED IN THE CIRCULARS OF CBDT. 3. UNDER THE CIRCUMSTANCES, BY RESPECTFULLY FOLLOWI NG THE DECISION OF THE HONBLE ANDHRA PRADESH HIGH COURT CITED SUPRA, WE D ISMISS THE APPEAL AS UN- ADMITTED ON THE GROUND THAT IT IS CONTRARY TO THE P OLICY DECISION TAKEN BY THE CBDT. 2 PRONOUNCED IN THE OPEN COURT ON 3.12.2009 SD/- SD/- (BR BASKARAN) (SUNIL KUMAR YADAV) ACCOUNTANT MEMBER JUDICIAL MEMBER VG/SPS VISAKHAPATNAM, DATED 3 RD DECEMBER, 2009 COPY TO 1 THE DCIT, CIRCLE-3(1), AAYAKAR BHAVAN, DABAGARDEN S, VISAKHAPATNAM- 530 020. 2 M/S. ABHILASH SYNERGETIC CONSTRUCTIONS & EXPORTS PVT. LTD., D.NO.47-3-7, ROSHINI PALACE, 5 TH LANE, DWARAKA NAGAR, VISAKHAPATNAM-530 016. 3 THE CIT, VISAKHAPATNAM 4 THE CIT(A)-I, VISAKHAPATNAM 5 THE DR, ITAT, VISAKHAPATNAM. 6 GUARD FILE. BY ORDER SENIOR PRIVATE SECRETARY INCOME TAX APPELLATE TRIBUNAL VISAKHAPATNAM