DY. CIT, VIJAYAWADA vs. DR. M.J.NAIDU, VIJAYAWADA
What did the Tribunal hold?
The Tribunal held that the appeals filed by the Revenue were not maintainable as per CBDT Circular No.03/2018, which stipulated a monetary limit for appeals. The cross objections filed by the assessee were dismissed as they were supportive of the CIT(A)'s order.
What were the facts?
The Revenue filed appeals against the CIT(A)'s order for assessment years 2008-09 to 2012-13. Both parties agreed that the tax effect in these appeals was below Rs. 20.00 lakhs.
What were the issues?
The primary issue was the maintainability of the Revenue's appeals based on the tax effect and the applicability of CBDT Circular No.03/2018.
Which sections of the Income-tax Act were involved?
N/A
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
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 Nos. 285 to 289/VIZ/2017 (Asst. Year : 2008-09 to 2012-13) The DCIT, Circle-2(1), vs. Dr. M.J. Naidu, Vijayawada. M/s. M.V.S. Accident Hospital, D.No. 33-25-32, Dellapu Sobhanadri Street, Suryaraopet, Vijayawada. PAN No. ADOPM 6280 H (Appellant) (Respondent)
C.O.No.65 to 69/VIZ/2017 (Arising out of ITA Nos. 285 to 289/VIZ/2017) (Asst. Year : 2008-09 to 2012-13) Dr. M.J. Naidu, vs. The DCIT, Circle-2(1), M/s. M.V.S. Accident Vijayawada. Hospital, D.No. 33-25-32, Dellapu Sobhanadri Street, Suryaraopet, Vijayawada. PAN No. ADOPM 6280 H (Appellant) (Respondent) Assessee by : Shri C. Subrahmanyam – FCA. Department By : Smt. Suman Malik – Sr.DR Date of hearing : 22/01/2019. Date of pronouncement : 25/01/2019. O R D E R PER BENCH
These appeals by the Revenue and the cross objections by assessee are directed against the common order of Commissioner
2 ITA Nos.285-289/VIZ/2017 C.O.Nos.65-69/VIZ/2017 (Dr. M.J. Naidu) of Income Tax (Appeals), Vijayawada, dated 16/12/2016 for the Assessment Years 2008-09 to 2012-13. 2. When these appeals are taken up for hearing, ld.Departmental Representative has submitted that the tax effect involved in these appeals is below Rs. 20.00 lakhs. Ld. DR also pointed out that she has received a letter from the office of ACIT, Range-2, Vijayawada, dated 10/01/2019 wherein tax effect has been calculated and according to the chart, in all the appeals tax effect is below Rs. 20.00 lakhs. From the letter, it is also cleared that these appeals are not covered under any of the exceptions laid down vide Board’s Circular No.03/2018, dated 11/07/2018 and amendment to Para 10 of the said circular. 3. On the other hand, ld. Authorised Representative for the assessee accepted and submitted that tax effect involved in all the appeals is below Rs. 20.00 lakhs. 4. In view of the above submissions of both the parties, we find that these appeals filed by the Revenue are not maintainable as per the CBDT Circular No.03/2018 dated 11.07.2018 being retrospective in nature. Thus, these appeals filed by the Revenue are dismissed. 5. So far as Cross Objections are concerned, these are only supportive to the order of the ld. CIT(A). In view of our decision
3 ITA Nos.285-289/VIZ/2017 C.O.Nos.65-69/VIZ/2017 (Dr. M.J. Naidu) above, no separate adjudication is required, therefore, same are dismissed. 6. In the result, appeals filed by the Revenue and the cross objections filed by the assessee are dismissed. Order Pronounced in open Court on this 25th day of Jan., 2019.
Sd/- sd/- (D.S. SUNDER SINGH) (V. DURGA RAO) Accountant Member Judicial Member Dated: 25th Jan., 2019. vr/- Copy to: 1. The Assessee – Dr. M.J. Naidu, M/s. M.V.S. Accident Hospital, D.No. 33-25-32, Dellapu Sobhanadri Street, Suryaraopet, Vijayawada. 2. The Revenue – The DCIT, Circle-2(1), Vijayawada. 3. The Pr.CIT, Vijayawada. 4. The CIT(A), Vijayawada. 5. The D.R., Visakhapatnam. 6. Guard file. By order
(VUKKEM RAMBABU) Sr. Private Secretary, ITAT, Visakhapatnam.
Recent GST High Court judgments
Search GST case law →- Kavya Shrivastava vs. Hdfc Bank LTD.Madhya Pradesh · 15 Oct 2026
- M/S Gaurav Jewellers Through Proprietor Gaurav Barjatiya vs. Branch Manager Yes Bank LTD.Madhya Pradesh · 15 Oct 2026
- Kavya Shrivastava vs. State Bank Of INDIAMadhya Pradesh · 15 Oct 2026
- Paresh Textiles Prop Paresh Gudhka vs. Superintendent Range Iv Div VBombay · 15 Oct 2026
- M/S Palladium Constructions PVT LTD. vs. Principal Commissioner Of Central TaxKarnataka · 15 Oct 2026