What did the Tribunal hold?

The Tribunal held that the appeal filed by the Revenue was not maintainable due to the low tax effect, as per CBDT Circular No. 17/2019. The assessee's cross-objection was dismissed as it was supportive of the CIT(A)'s order and no independent grievance was raised.

The Revenue filed an appeal and the assessee filed a cross-objection against the CIT(A)'s order for AY 2009-10. The tax effect in the appeal was below Rs. 50.00 lakhs.

What were the issues?

Maintainability of the Revenue's appeal due to low tax effect and the status of the assessee's cross-objection.

ACIT vs Lg Polymers India Pvt Ltd. | ITAT Visakhapatnam 2019

Income Tax Appellate Tribunal, VISAKHAPATNAM BENCH, VISAKHAPATNAM

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

For Appellant: Shri C.V.S. Murthy – FCA

For Respondent: Smt. Suman Malik – Sr.DR

Hearing: 23/09/2019

IN THE INCOME TAX APPELLATE TRIBUNAL VISAKHAPATNAM BENCH, VISAKHAPATNAM BEFORE SHRI V. DURGA RAO, HON’BLE JUDICIAL MEMBER & SHRI D.S. SUNDER SINGH, HON’BLE ACCOUNTANT MEMBER ITA No. 18/VIZ/2018 (Asst. Year : 2009-10) ACIT, Cirlce-3(1), vs. M/s. L.G. Polymers India Pvt. Visakhapatnam. Ltd., 7/01, R.R. Venkatapuram, Visakhapatnam PAN No. AAACL 8528 P (Appellant) (Respondent)

C.O.No. 15/VIZ/2018 (Arising out of ITA No. 18/VIZ/2018) (Asst. Year : 2009-10) M/s. L.G. Polymers India Pvt. vs. ACIT, Cirlce-3(1), Ltd., 7/01, R.R. Venkatapuram, Visakhapatnam. Visakhapatnam PAN No. AAACL 8528 P (Applicant) (Respondent)

Assessee by : Shri C.V.S. Murthy – FCA. Department By : Smt. Suman Malik – Sr.DR Date of hearing : 23/09/2019. Date of pronouncement : 23/09/2019. O R D E R PER V. DURGA RAO, JUDICIAL MEMBER This appeal by the Revenue and cross objection by the assessee are directed against the order of Commissioner of

2 ITA No.18/VIZ/2018 C.O.No. 15/VIZ/2018 (M/s. L.G. Polymers India Pvt. Ltd.) Income Tax (Appeals)-1, Visakhapatnam, dated 20/11/2017 for the Assessment Year 2009-10. 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, hence, this appeal filed by the Revenue is not maintainable and is dismissed accordingly. 5. So far as cross objection filed by the assessee is concerned, it is only supportive to the order of the ld. CIT(A). As no grievance against the order of the ld. CIT(A), this cross objection filed by the assessee has become infructuous and is dismissed accordingly.

3 ITA No.18/VIZ/2018 C.O.No. 15/VIZ/2018 (M/s. L.G. Polymers India Pvt. Ltd.) 6. In the result, appeal filed by the Revenue and the cross objection filed by the assessee are dismissed. Order Pronounced in open Court on this 23th day of Sep., 2019.

Sd/- sd/- (D.S. SUNDER SINGH) (V. DURGA RAO) Accountant Member Judicial Member Dated: 23th September, 2019. vr/- Copy to: 1. The Assessee– M/s. L.G. Polymers India Pvt. Ltd., 7/01, R.R. Venkatapuram, Visakhapatnam. 2. The Revenu-ACIT, Cirlce-3(1), Visakhapatnam. 3. The Pr.CIT-1, Visakhapatnam. 4. The CIT(A)-1, Visakhapatnam. 5. The D.R., Visakhapatnam. 6. Guard file. By order

(VUKKEM RAMBABU) Sr. Private Secretary, ITAT, Visakhapatnam.

ASST. CIT-3(1), VISAKHAPATNAM vs. LG POLYMERS INDIA PVT LTD., VISAKHAPATNAM

What did the Tribunal hold?

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