The Assistant Commissioner of Income Tax, Circle - 2(1), , Guntur V. Tirumala Milk Products Private Limited, , Guntur

ITA 48/VIZ/2019

• Counselvise Citation: [2019] 116 COUNSELVISE.COM (IT) 0293 (ITAT-VISAKHAPATNAM)
• Duration Of Justice: 7 month(s) 18 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 25-09-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2014-2015
• Appeal Filed On: 07-02-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SUMAN MALIK
• Keywords: Tax effect
• Section: 201

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL VISAKHAPATNAM BENCH, VISAKHAPATNAM BEFORE SHRI V. DURGA RAO , HONBLE JUDICIAL MEMBER & SHRI D.S. SUNDER SINGH , HONBLE ACCOUNTANT MEMBER ITA NO S . 48 & 49 / VIZ /201 9 (ASST. YEAR : 20 14 - 1 5 & 2015 - 16 ) AC IT, CIRLCE - 2 ( 1 ) , GUNTUR . V S . M/S. TIRUMALA MILK PRODUCTS PVT. LTD., D.NO. 12 - 8 - 8, PRAKASH NAGAR , NARASARAOPET , GUNTUR DISTRICT. PAN NO. AABCT 7907 M (APPELLANT) (RESPONDENT) C.O.NO S . 50 & 51 /VIZ/2019 (ARISING OUT OF ITA NO S . 48 & 49 / VIZ /201 9 ) (ASST. YEAR : 20 14 - 15 & 2015 - 16 ) M/S. TIRUMALA MILK PRODUCTS PVT. LTD., D.NO. 12 - 8 - 8, PRAKASH NAGAR, NARASARAOPET, GUNTUR DISTRICT. VS. ACIT, CIRLCE - 2 (1), GUNTUR. PAN NO. AABCT 7907 M (APP LICANT ) (RESPONDENT) ASSESSEE BY : SHRI G .V. N . HARI ADVOCATE . DEPARTMENT BY : SMT. SUMAN MALIK SR. DR DATE OF HEARING : 23 / 0 9 /201 9 . DATE OF PRONOUNCEMENT : 25 / 0 9 /201 9 . O R D E R PER V. DURGA RAO, JUDICIAL MEMBER THESE APPEAL S BY THE REVENUE AND CROSS OBJECTION S BY THE ASSESSEE ARE DIRECTED AGAINST THE SEPARATE ORDER S OF 2 ITA NO S . 48 & 49 /VIZ/201 9 C.O.NO S . 50 & 51/VIZ/2019 ( M/S. TIRUMALA MILK PRODUCTS PVT. LTD . ) COMMISSIONER OF INCOME TAX (APPEALS) - 1 , GUNTUR , BOTH DATED 2 7 /1 2 /201 7 FOR THE ASSESSMENT YEAR S 20 14 - 1 5 & 2015 - 16 . 2. WHEN THESE APPEAL S ARE TAKEN UP FOR HEARING, LD.AR HAS SUBMITTED THAT THE TAX EFFECT INVOLVED IN THESE APPEAL S IS BELOW RS.50.00 LAKHS AND AS PER THE CBDT CIRCULAR NO. NO.17/2019 , DATED 0 8 /08/ 2019 , THESE APPEAL S ARE NOT MAINTAI NA BLE AND REQU ESTED FOR DISMISSAL OF THE SAME. 3 . ON THE OTHER HAND, LD.DR FAIRLY ACCEPTED THAT THE TAX EFFECT INVOLVED IN THESE APPEAL S IS BELOW RS. 50.00 LAKHS . 4 . IN VIEW OF THE CBDT CIRCULAR NO.17/2019, DATED 08/08/2019 , WHICH WAS FOLLOWED BY N OTIFICATION NO.279/MISC/M - 93/2018 - ITJ , DATED 20 / 08 / 2019 WHEREIN CLARIFIED THAT THE REVISED MONETARY LIMITS MENTIONED IN CIRCULAR NO.17/2019 ARE APPLICABLE TO ALL PENDING APPEALS ALSO , HENCE, THESE APPEAL S FILED BY THE REVENUE ARE NOT MAINTAINABLE AND ARE DISMISSED ACCORDINGLY. 5. SO FAR AS CROSS OBJECTION S FILED BY THE ASSESSEE ARE CONCERNED, IT IS ONLY SUPPORTIVE TO THE ORDER S OF THE LD. CIT(A). AS NO GRIEVANCE AGAINST THE ORDERS OF THE LD. CIT(A), THESE CROSS OBJECTION S FILED BY THE ASSESSEE HAVE BECOME INFRUCTUOUS AND ARE DISMISSED ACCORDINGLY. 3 ITA NO S . 48 & 49 /VIZ/201 9 C.O.NO S . 50 & 51/VIZ/2019 ( M/S. TIRUMALA MILK PRODUCTS PVT. LTD . ) 6. IN THE RESULT, APPEAL S FILED BY THE REVENUE AND THE CROSS OBJECTION S FILED BY THE ASSESSEE ARE DISMISSED . ORDER PRONOUNCED IN OPEN COURT ON TH IS 2 5 T H DAY OF SEP. , 201 9 . S D / - S D / - ( D.S. SUNDER SINGH ) ( V. DURGA RAO ) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED : 2 5 T H SEPTEMBER , 201 9 . VR/ - COPY TO: 1. THE ASSESSEE M/S. TIRUMALA MILK PRODUCTS PVT. LTD., D.NO. 12 - 8 - 8, PRAKASH NAGAR, NARASARAOPET, GUNTUR DIST. 2. THE REVENU - AC IT, CIRLCE - 2 ( 1 ) , GUNTUR . 3. THE PR. CIT , GUNTUR . 4. THE CIT(A) - 1 , GUNTUR . 5. THE D.R . , VISAKHAPATNAM. 6. GUARD FILE. BY ORDER (VUKKEM RAMBABU) SR. PRIVATE SECRETARY, ITAT, VISAKHAPATNAM.