The DCIT, Circle-2(1), Guntur V. M/s Thirumala Dairy (P) Ltd., Narasaraopeta

ITA 525/VIZ/2009

• Counselvise Citation: [2010] 136 COUNSELVISE.COM (IT) 6981 (ITAT-VISAKHAPATNAM)
• Duration Of Justice: 4 month(s) 14 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 31-03-2010
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 23-03-2010
• Assessment Year: 2001-2002
• Appeal Filed On: 16-11-2009
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: G S S GOPINATH

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.525/VIZAG/2009 ASSESSMENT YEAR : 2001-02 DCIT, CIRCLE-2(1) GUNTUR M/S. TIRUMALA DAIRY (P) LTD. NARASARAOPET (APPELLANT) VS. (RESPONDENT) PAN NO.AAACT 7907M APPELLANT BY: SHRI G.S.S. GOPINATH, DR RESPONDENT BY: SHRI G.V.N. HARI, CA ORDER PER SHRI S.K. YADAV, JUDICIAL MEMBER:- THIS APPEAL BY THE REVENUE IS DIRECTED AGAINST THE ORDER DATED 24.08.2009 PASSED BY THE CIT (A), GUNTUR, AND IT PE RTAINS 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/- AND AS SUCH THE SAME ARE LIABLE TO BE 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 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 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 31.3.2010 SD/- SD/- (BR BASKARAN) (SUNIL KUMAR YADAV) ACCOUNTANT MEMBER JUDICIAL MEMBER VG/SPS VISAKHAPATNAM, DATED 31 ST MARCH, 2010 COPY TO 1 DCIT, CIRCLE-2(1), GUNTUR 2 M/S. THIRUMALA DAIRY (P) LTD., D.NO.12-9-11, PRAK ASH NAGAR, NARASARAOPET, GUNTUR DIST. 3 THE CIT, GUNTUR 4 THE CIT(A), GUNTUR 5 THE DR, ITAT, VISAKHAPATNAM. 6 GUARD FILE. BY ORDER SENIOR PRIVATE SECRETARY INCOME TAX APPELLATE TRIBUNAL VISAKHAPATNAM