THE ACIT, VISAKHAPATNAM vs. M/S. ANIL NERRUKONDA EDUCATIONAL SOCIETY, VISAKHAPATNAM

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ITA 297/VIZ/2017Status: DisposedITAT Visakhapatnam08 January 2020AY 2013-20143 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal held that as per CBDT Circular No. 17/2019, appeals with a tax effect below Rs. 50.00 lakhs are not maintainable. Consequently, the Revenue's appeal was dismissed.

What were the facts?

The Revenue filed an appeal before the ITAT, and the assessee filed a cross-objection. The tax effect involved in the appeal was below Rs. 50.00 lakhs.

What were the issues?

The maintainability of the Revenue's appeal before the ITAT based on the monetary limits prescribed by CBDT circulars.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, VISAKHAPATNAM BENCH, VISAKHAPATNAM

Before: SHRI V. DURGA RAO, HON’BLE & SHRI D.S. SUNDER SINGH, HON’BLE

For Appellant: Shri G.V.N. Hari, Advocate
For Respondent: Shri B.Rama Krishna, Sr.DR
Hearing: 12/12/2019Pronounced: 08/01/2020

2 C.O.No.62/VIZ/2017 (M/s. Anil Neerukonda Educational Society) O R D E R

PER V. DURGA RAO, JUDICIAL MEMBER

1.

This appeal by the Revenue and the cross objection by the assessee are directed against the order of Commissioner of Income Tax (Appeals)-3, Visakhapatnam, dated 15/02/2017 for the Assessment Year 2014-15.

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 08/08/2019, this appeal is not maintainable and requested for dismissal of the same. 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 Notification 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. So far as cross objection of the assessee is concerned, as we have dismissed the revenue’s appeal, this cross objection has become infructuous and is dismissed accordingly.

3 C.O.No.62/VIZ/2017 (M/s. Anil Neerukonda Educational Society) 6. In the result, appeal filed by the Revenue is dismissed. Order Pronounced in open Court on this 08th day of Jan., 2020.

Sd/- sd/- (D.S. SUNDER SINGH) (V. DURGA RAO) Accountant Member Judicial Member Dated: 08th January, 2020. vr/- Copy to:

1. 1. The Assessee–M/s. Anil Neerukonda Educational Society, D.No. 9-42-20, Near SBI Zonal Office, Balaji Nagar, Siripuram, Visakhapatnam.

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