The Asst. Commissioner of Income- Tax, Guntur V. Teja Constructions, Guntur

MA 40/VIZ/2018

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 8365 (ITAT-VISAKHAPATNAM)
• Duration Of Justice: 5 month(s) 19 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 10-04-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2008-2009
• Appeal Filed On: 22-10-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: D K SONOWAL
• Keywords: Tax effect
• Section: 40A(3)

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL, VISAKHAPATNAM BENCH, VISAKHAPATNAM . , . . , BEFORE SHRI V. DURGA RAO, JUDICIAL MEMBER & SHRI D.S. SUNDER SINGH , ACCOUNTANT MEMBER M . A .NO. 4 0 /VIZ/201 8 (ARISING OUT OF I .T.A. NO. 1 0 9 /VIZ/20 17 ) ( / ASSESSMENT YEAR: 200 8 - 0 9 ) ASST.COMMISSIONER OF INCOME TAX CIRCLE - 2(1) GUNTUR VS. M/S TEJA CON S TRUCTIONS MUTYALAREDDY NAGAR GUNTUR [PAN :AAFFT0709E] ( / APPELLANT) ( / RESPONDENT) / APPELLANT BY : SHRI D.K.SONOWAL , D R / RESPONDENT BY : S HRI G.V.N.HARI , A R / DATE OF HEARING : 05 . 0 4 . 201 9 / DATE OF PRONOUNCEMENT : 10 .0 4 . 201 9 / O R D E R PER V.DURGA RAO , JUDICIAL MEMBER: IN THIS CASE, THE REVENUE FILED APPEAL AGAINST THE ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS) [CIT(A)] - 1, GUNTUR AND THE SAID APPEAL WAS DISMISSED BY THIS TRIBUNAL VIDE I.T.A. NO.109/VIZ/2017 DATED 06.04.2018 AS NOT MAINTAINABLE SINCE THE TAX EFFECT IN THIS CASE WAS STATED TO BE LESS THAN RS.10 LAKHS. AS PER CIRCULAR NO.21/2015 DATED 10.12.2015, NO APPEAL REQUIRED TO BE FILED BEFORE THE ITAT, IF THE TAX EFFECT 2 M .A. NO . 4 0 /VIZ/2018 M/S TEJA CONSTRUCTIONS, GUNTUR IS BELOW RS.10 LAKHS. IN THE INSTANT CASE, BOTH THE PARTIES HAD AGREED THA T THE TAX EFFECT WAS LESS THAN RS.10 LAKHS. ACCORDINGLY, THE APPEAL WAS DISPOSED OFF AS NOT MAINTAINABLE. 2. AGAINST THE ORDER OF THIS TRIBUNAL, THE AO FILED MISCELLANEOUS APPLICATION U/S 254(2) OF THE INCOME TAX ACT, 1961 (IN SHORT ACT) REQUESTING TO DECIDE THE CASE ON MERITS ON THE ISSUE OF DISALLOWANCE U/S 40A(3) OF THE ACT. THE DEPARTMENT DID NOT MAKE OUT A CASE OF EXCEPTION AS PROVIDED IN THE CIRCULAR 21/2015 DATED 10.12.2015. THEREFORE, WE HOLD THAT THERE IS NO MISTAKE IN THE ORDER OF THE ITAT WHICH NEEDS MODIFICATION OR RECTIFICATION. HENCE, THE MISCELLANEOUS APPLICATION FILED BY THE REVENUE IS DISMISSED. 3 . IN TH E RESULT, THE MISCELLANEOUS APPLICATIONS FILED BY THE REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 10 TH APRIL, 2019. SD/ - SD/ - ( . . ) ( . ) ( D.S. SUNDER SINGH ) (V. DURGA RAO) /ACCOUNTANT MEMBER /JUDICIAL MEMBER /VISAKHAPATNAM /DATED : 10 .04.2019 L.RAMA, SPS 3 M .A. NO . 4 0 /VIZ/2018 M/S TEJA CONSTRUCTIONS, GUNTUR / COPY OF THE ORDER FORWARDED TO: - 1 . / THE REVENUE ASST.COMMISSIONER OF INCOME TAX , CIRCLE - 2(1) , GUNTUR 2 . / THE ASSESSEE - M/S TEJA CON S TRUCTIONS, MUTYALAREDDY NAGAR , GUNTUR 3. THE PR. COMMISSIONER OF INCOME TAX , GUNTUR 4. THE COMMISSIONER OF INCOME TAX (APPEALS) - 1 , GUNTUR 5 . , , / DR, ITAT, VISAKHAPATNAM 6 . / GUARD FILE / BY ORDER // TRUE COPY // SR. PRIVATE SECRETARY ITAT, VISAKHAPATNAM