The Deputy Commissioner of Income Tax, Circle-4(1), Visakhapatnam V. Dharmana Projects Private Limited, Srikakulam

ITA 552/VIZ/2018

• Counselvise Citation: [2020] 111 COUNSELVISE.COM (IT) 9394 (ITAT-VISAKHAPATNAM)
• Duration Of Justice: 1 year(s) 2 month(s) 13 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 08-01-2020
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2012-2013
• Appeal Filed On: 26-10-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: U MINICHANDRAN
• Assessee Lawyers: SUSHIL KUMAR AGARWAL
• Keywords: Tax effect

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. 5 52 / VIZ /201 8 (ASST. YEAR : 20 12 - 1 3 ) DC IT, CIRCLE - 4( 1 ) , VISAKHAPATNAM . V S . M/S. DHARMANA PROJECTS (P) LTD., PLOT NO.5, S.B.I. COLONY, NANUBALA STREET, SRIKAKULAM. PAN NO. AADCD 2657 C (APPELLANT) (RESPONDENT) ASSESSEE BY : SHRI SUSHIL KUMAR AGARWAL , C A . DEPARTMENT BY : SMT. U.MINI CHANDRAN, SR. DR DATE OF HEARING : 17 / 12 /201 9 . DATE OF PRONOUNCEMENT : 08 / 01 /20 20 . 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) - 2 , VISAKHAPATNAM , DATED 1 6 /0 8 /201 8 FOR THE ASSESSMENT YEAR 20 1 2 - 1 3 . 2. 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. 2 ITA NO. 5 52/VIZ/2018 ( M/S. DHARMANA PROJECTS (P) LTD. ) 3 . ON THE OTHER HAND, LD.DR FAIRLY ACCEPTED THAT THE TAX EFFECT INVOLVED IN THIS APPEAL 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 , THIS APPEAL FILED BY THE REVENUE IS NOT MAINTAINABLE AND IS DISMISSED ACCORDINGLY. 5. IN THE RESULT, APPEAL FILED BY THE REVENUE IS DISMISSED . ORDER PRONOUNCED IN OPEN COURT ON TH IS 0 8 T H DAY OF JAN . , 20 20 . S D / - S D / - ( D.S. SUNDER SINGH ) ( V. DURGA RAO ) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED : 0 8 T H JANUARY , 20 20 . VR/ - COPY TO: 1. THE ASSESSEE - M/S. DHARMANA PROJECTS (P) LTD., PLOT NO.5, S.B.I. COLONY, NANUBALA STREET, SRIKAKULAM. 2. THE REVENU E - DCIT, CIRCLE - 4(1), VISAKHAPATNAM. 3. THE CIT - 2, VISAKHAPATNAM. 4. THE CIT(A) - 2, VISAKHAPATNAM. 5. THE D.R . , VISAKHAPATNAM. 6. GUARD FILE. BY ORDER (VUKKEM RAMBABU) SR. PRIVATE SECRETARY, ITAT, VISAKHAPATNAM.