The Income Tax Officer, Ward-2(1), , Visakhapatnam V. Pydi Giridhar Babu, Visakhapatnam

ITA 64/VIZ/2021

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 2606 (ITAT-VISAKHAPATNAM)
• Duration Of Justice: 2 month(s) 25 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 24-06-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2012-2013
• Appeal Filed On: 30-03-2021
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SUMAN MALIK
• Keywords: Tax effect
• Section: 201; 64

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL VISAKHAPATNAM BENCH, VISAKHAPATNAM (T HROUGH WEB - BASED VIDEO CONFERENCING PLATFORM) BEFORE SHRI N.K. CHOUDHRY, HONBLE JUDICIAL MEMBER & SHRI D.S. SUNDER SINGH, HON'BLE ACCOUNTANT MEMBER ITA NO . 64 /VIZ /20 21 ( ASSESSMENT YEAR : 201 2 - 1 3 ) ITO, WARD - 2(1), VISAKHAPATNAM. VS. PYDI GIRIDHAR BABU, D.NO. 39 - 16 - 36/1, MURALINAGAR, MADHAVADHARA, VISAKHAPATNAM. (APPELLANT) PAN NO. AKYPP 6502 A (RESPONDENT) ASSESSEE BY : SHRI I. KAMA SASTRY, CA REVENUE BY : SMT. SUMAN MALIK, SR. DR DATE OF HEARING : 24 - 0 6 - 2021 DATE OF PRONOUNCEMENT : 24 - 0 6 - 2021 ORDER PER BENCH THE REVENUE DEPARTMENT HAS PREFERRED THIS APPEAL AGAINST THE ORDER DATED 1 4 - 0 9 - 2020 IMPUGNED HEREIN PASSED BY THE LD. COMMISSIONER OF INCOME TAX (APPEALS) - 1 [(FOR SHORT, LD. COMMISSIONER] , VISAKHAPATNAM U/S 250(6) OF THE ACT, 1961 (HEREINAFTER CALLED AS THE ACT) F OR THE A.Y. 201 2 - 1 3 . ITA N O. 64 / VIZ/2020 ( PYDI GIRIDHAR BABU ) 2 2. AT THE OUTSET IT IS OBSERVED THAT TA X EFFECT INVOLVED IN THE APPEAL UNDER CONSIDERATION IS NEITHER MORE THAN RS. 50 LACS NOR THE CASE I S BASED UPON ANY OF THE EXCEPTIONS PRESCRIBED IN CBDT CIRCULAR NO.17/2019, DATED 08.08.2019 READ WITH CIRCULAR NO.03/2018, WHEREBY THE REVENUE DEPARTMENT IS PRECLUDED FROM FILING THE APPEAL BEFORE APPELLATE TRIBUNAL AGAINST THE ORDER OF LD. COMMISSIONER , IN WHICH THE TAX EFFECT DOES NOT EXCEED RS. 50,00,000/ - AS SPECIFIED IN THE CIRCULAR AND THE CBDT CLARIFICATION DATED 20 TH AUGUST 2019 WHEREBY IT IS CLARIFIED THAT REVISED MONETARY LIMITS SO MENTIONED IN THE CIRCULAR 17/2019 IS APPLICABLE TO ALL PENDING SLPS/APPEALS/ CROSS OBJECTIONS/ REFERENCES. HENCE THE INSTANT APPEAL DESERVES DISMISSAL AS W ITHDRAWN BEING NOT MAINTAINABLE . 3. IN THE RESULT, THE APPEAL FILED BY THE REVENUE DEPARTMENT STANDS DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN OPEN COURT ON THIS 24 TH DAY OF JUNE , 2021 . S D/ - SD/ - (D.S. SUND ER SINGH) (N.K. CHOUDHRY) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 24 TH MAY , 2021. VR/ - ITA N O. 64 / VIZ/2020 ( PYDI GIRIDHAR BABU ) 3 COPY FORWARDED TO: 1. THE ASSESSEE PYDI GIRIDHAR BABU, D.NO. 39 - 16 - 36/1, MURALINAGAR, MADHAVADHARA, VISAKHAPATNAM. 2. THE REVENUE ITO, WARD - 2(1), VISAKHAPATNAM. 3. THE PR. CIT - 2 , VISAKHAPATNAM. 4. THE CIT(A) - 1, VISAKHAPATNAM . 5. THE D.R., VISAKHAPATNAM. 6. GUARD FILE. TRUE COPY BY ORDER SR.PRIVATE SECRETARY, ITAT, VIZAG .