THE ITO, Tanuku V. Potru Murali Krishna, Kovvur

ITA 534/VIZ/2014

• Counselvise Citation: [2016] 132 COUNSELVISE.COM (IT) 1169 (ITAT-VISAKHAPATNAM)
• Duration Of Justice: 1 year(s) 6 month(s) 20 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 05-05-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2010-2011
• Appeal Filed On: 15-10-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: D KOMALI KRISHNA
• Keywords: Tax effect

Judgement Text

ITA NO.534/VIZAG/2014 SRI POTRU MURALI KRISHNA, KOVVUR 1 , , IN THE INCOME TAX APPELLATE TRIBUNAL, VISAKHAPATNAM BENCH, VISAKHAPATNAM . , . , $ BEFORE SHRI V. DURGA RAO, JUDICIAL MEMBER & SHRI G. MANJUNATHA, ACCOUNTANT MEMBER ./I.T.A.NO.534/VIZAG/2014 ( / ASSESSMENT YEAR: 2010-11) ITO, WARD - 2, TANUKU VS. SRI POTRU MURALI KRISHNA, KOVVUR [PAN: AEMPP5584N ] ( % / APPELLANT) ( &'% / RESPONDENT) / APPELLANT BY : SMT. D. KOMALI KRISHNA, DR / RESPONDENT BY : SHRI C. SUBRAHMANYAM, AR / DATE OF HEARING : 05.05.2016 / DATE OF PRONOUNCEMENT : 05.05.2016 / O R D E R PER V. DURGA RAO, JUDICIAL MEMBER: THIS APPEAL IS FILED BY THE REVENUE AGAINST THE OR DER OF THE CIT(A), VISAKHAPATNAM DATED 28.07.2014 FOR THE ASSESSMENT Y EAR 2010-11. 2. THERE IS A DELAY OF 11 DAYS IN FILING THE APPEAL . THE LD. COUNSEL FOR THE ASSESSEE HAS FILED A PETITION SHOWING SUFFI CIENT CAUSE FOR DELAY IN ITA NO.534/VIZAG/2014 SRI POTRU MURALI KRISHNA, KOVVUR 2 FILING THE APPEAL. WE FIND THAT THERE IS A SUFFICIE NT CAUSE FOR NOT FILING THE APPEAL WITHIN THE TIME AND ACCORDINGLY, DELAY I S CONDONED. 2. WHEN THIS APPEAL IS TAKEN UP FOR HEARING, THE LD. COUNSEL FOR THE ASSESSEE HAS SUBMITTED THAT THE TAX EFFECT INVOLVED IN THIS APPEAL IS BELOW RS.10 LAKHS. AS PER THE LATEST CIRCULAR NO.2 1/2015 DATED 10.12.2015 OF CBDT BEING RETROSPECTIVE IN NATURE, T HE APPEAL FILED BY THE REVENUE IS NOT MAINTAINABLE. THE LD. D.R. HAS NOT RAISED ANY OBJECTION. IN VIEW OF THE ABOVE, THIS APPEAL FILED BY THE REVENUE IS NOT MAINTAINABLE. HENCE, THE SAME IS DISMISSED. 3. IN THE RESULT, THE APPEAL FILED BY THE REVENUE I S DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 5 TH MAY16 SD/- SD/- ( . ) ( . ) (G. MANJUNATHA) (V. DURGA RAO) /ACCOUNTANT MEMBER /JUDICIAL MEMBER ! /VISAKHAPATNAM: % /DATED : 05.05.2016 VG/SPS '! (! /COPY OF THE ORDER FORWARDED TO:- 1. / THE APPELLANT THE ITO, WARD-2, TANUKU 2. / THE RESPONDENT SRI POTRU MURALI KRISHNA, 4-2-20 , NANDAMURI ROAD, KOVVUR, W.G. DISTRICT 3. ) / THE CIT, VISAKHAPATNAM 4. ) ( ) / THE CIT(A), VISAKHAPATNAM 5. ! , , , , ! / DR, ITAT, VISAKHAPATNAM 6 . / GUARD FILE / BY ORDER // TRUE COPY // /0 , (SR.PRIVATE SECRETARY) , , ! / ITAT, VISAKHAPATNAM