The ITO, Ward-1(3), Visakhapatnam V. Sri T Bapanaiah Gupta (HUF), Visakhapatnam

ITA 461/VIZ/2010

• Counselvise Citation: [2011] 134 COUNSELVISE.COM (IT) 7236 (ITAT-VISAKHAPATNAM)
• Duration Of Justice: 4 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 07-02-2011
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2006-2007
• Appeal Filed On: 14-09-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: J SIRI KUMAR
• Assessee Lawyers: N O N E

Judgement Text

ITA 461 OF 2010 T BAPANAIAH GUPTA, HUF, VSKP IN THE INCOME TAX APPELLATE TRIBUNAL VISAKHAPATNAM BENCH, VISAKHAPATNAM BEFORE: SHRI SUNIL KUMAR YADAV, JUDICIAL MEMBER AND SHRI BR BASKARAN, ACCOUNTANT MEMBER ITA NO. 461/ VIZAG/ 20 10 ASSESSMENT YEAR : 2006 - 07 ITO WARD - 1(3) VISA KHAPATNAM SRI T. BAPANAIAH GUPTA (HUF) VISAKHAPATNAM (APPELLANT) VS. (RESPONDENT) PAN NO. AAAHT 5191D APPELLANT BY: SHRI J. SIRI KUMAR, SR. DR RESPONDENT BY: N O N E ORDER PER SHRI S.K. YADAV, JUDICIAL MEMBER : - THIS APPEAL BY THE REVENUE IS DIRE CTED AGAINST THE ORDER DATED 11.06.2010 PASSED BY THE CIT (A), VISAKHAPATNAM, AND IT PERTAINS TO THE ASSESSMENT YEAR 2006 - 07 . 2. BOTH THE PARTIES HAVE AGREED THAT THE REVENUE EFFECT IN EACH CASE IS LESS THAN RS.2,00,000/ - AND AS SUCH THE SAME ARE LIABLE TO BE DISMISSED IN VIEW OF JUDGEMENT OF THE JURISDICTIONAL HIGH COURT IN THE CASE OF C.I.T. VS A. RAJENDRA PRASAD (299 ITR 227) . IN THE SAID DECISION, HONBLE COURT HAS HELD THAT 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 NECESSARILY FOLLOW THEM AND IF A CASE FALLS UNDER ONE OF THE EXCEPTIONS PROVIDED IN THE CIRCULARS, A SPECIFIC GROUND SHOULD BE RA ISED IN THAT REGARD. ADMITTEDLY, 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 FOLLOWING THE DECISION OF THE HONBLE ANDHRA PRA DESH HIGH COURT CITED SUPRA, WE DISMISS THE APPEAL AS UN - ADMITTED ON THE GROUND THAT IT IS CONTRARY TO THE POLICY DECISION TAKEN BY THE CBDT. ITA 461 OF 2010 T BAPANAIAH GUPTA, HUF, VSKP 2 PRONOUNCED IN THE OPEN COURT ON 7.2 . 20 1 1 SD/ - SD/ - (BR BASKARAN) (SUNIL KUMAR YADAV) ACCOUNTANT ME MBER JUDICIAL MEMBER VG/SPS VISAKHAPATNAM, DATED 7 TH FEBRUARY , 20 1 1 COPY TO 1 ITO WARD - 1(3), VISAKHAPATNAM 2 SRI T. BAPANAIAH GUPTA (HUF), PROP. SRI BALAJI ENGG. HOUSE, DR.NO.31 - 32 - 57, DABAGARDENS, VISA KHAPATNAM 3 THE CI T, VISAKHAPATNAM 4 THE CIT (A) , VISAKHAPTNAM 5 THE DR, ITAT, VISAKHAPATNAM. 6 GUARD FILE. BY ORDER SENIOR PRIVATE SECRETARY INCOME TAX APPELLATE TRIBUNAL VISAKHAPATNAM