The Income Tax Officer, Ward-2, , Vizianagaram V. Facor Alloys Limited, Garividi

ITA 480/VIZ/2019

• Counselvise Citation: [2019] 114 COUNSELVISE.COM (IT) 2248 (ITAT-VISAKHAPATNAM)
• Duration Of Justice: 4 month(s) 5 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 20-11-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2013-2014
• Appeal Filed On: 15-07-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: MRS U MINI CHANDRAN
• Assessee Lawyers: C V S MURTHY
• 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. 480 / VIZ /201 9 (ASST. YEAR : 20 13 - 14 ) ITO, WARD - 2 , VIZIANAGARAM . V S . M/S. FACOR ALLOYS LTD., SHREERAM NAGAR , GARIVIDI, VIZIANAGARAM. PAN NO. AAACG 8101 C (APPELLANT) (RESPONDENT) ASSESSEE BY : SHRI C.V.S. MURTHY C A. DEPARTMENT BY : MRS . U. MINI CHANDRAN SR. DR DATE OF HEARING : 19 / 11 /201 9 . DATE OF PRONOUNCEMENT : 20 / 11 /201 9 . O R D E R PER V. DURGA RAO, JUDICIAL MEMBER TH IS APPEAL BY THE REVENUE IS DIRECTED AGAINST THE ORDER OF COMMISSIONER OF INCOME TAX (APPEALS) - 1 , VISAKHAPATNAM , DATED 20 / 12 /201 8 FOR THE ASSESSMENT YEAR 20 13 - 14 . 2. THERE IS A DELAY OF 114 DAYS IN FILING THIS APPEAL . THE REVENUE HAS FILED AN AFFIDAVIT FOR CONDONATION OF DELAY. WE HAVE GONE THROUGH THE AFFIDAVIT AND FIND THAT THERE IS A SUFFICIENT CAUSE TO CONDONE THE DELAY IN FILING THE APPEAL. ACCORDINGLY, WE CONDONE THE DELAY. 2 ITA NO. 480/VIZ/2019 ( M/S. FACOR ALLOYS LTD. ) 3. WHEN THIS APPEAL IS TAKEN UP FOR HEARING, LD.AR HAS SUBMITTED THAT THE TAX EFFECT INVOLVED IN THIS APPEAL IS BELOW RS.50.00 LAKHS AND AS PER THE CBDT CIRCULAR NO. NO.17/2019 , DATED 0 8 /08/ 2019 , THIS APPEAL IS NOT MAINTAI NA BLE AND REQU ESTED FOR DISMISSAL OF THE SAME. 4 . ON THE OTHER HAND, LD.DR FAIRLY ACCEPTED THAT THE TAX EFFECT INVOLVED IN THIS APPEAL IS BELOW RS. 50.00 LAKHS . 5 . 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 , THIS APPEAL FILED BY THE REVENUE IS NOT MAINTAINABLE AND IS DISMISSED ACCORDINGLY. 6 . IN THE RESULT, APPEAL FILED BY THE REVENUE IS DISMISSED . ORDER PRONOUNCED IN OPEN COURT ON TH IS 2 0 T H DAY OF NOV . , 201 9 . S D / - S D / - ( D.S. SUNDER SINGH ) ( V. DURGA RAO ) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED : 2 0 T H NOVEMBER , 201 9 . VR/ - 3 ITA NO. 480/VIZ/2019 ( M/S. FACOR ALLOYS LTD. ) COPY TO: 1. THE ASSESSEE M/S. FACOR ALLOYS LTD., SHREERAM NAGAR, GARIVIDI, VIZIANAGARAM. 2. THE REVENU - ITO, WARD - 2 , VIZIANAGARAM . 3. THE PR. CIT - 1 , VISAKHAPATNAM . 4. THE CIT(A) - 1 , VISAKHAPATNAM . 5. THE D.R . , VISAKHAPATNAM. 6. GUARD FILE. BY ORDER (VUKKEM RAMBABU) SR. PRIVATE SECRETARY, ITAT, VISAKHAPATNAM.