What did the Tribunal hold?

The Tribunal dismissed the appeals filed by the Revenue. The cross objections filed by the assessee were also dismissed as they were supportive of the CIT(A)'s orders and academic in nature.

The Revenue filed appeals against the orders of the CIT(A) for AY 2011-12 and 2013-14. The Departmental Representative requested dismissal of the appeals due to the tax effect being below Rs. 20 lakhs, as per CBDT Circular No. 03/2018.

What were the issues?

The primary issue was the maintainability of the Revenue's appeals based on the tax effect and the applicability of the CBDT circular.

DCIT vs Kotu Sarat Kumar, Visakhapatnam | 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 G.V.N. Hari, Advocate

For Respondent: Shri D.K. Sonawal, CIT DR

Hearing: 24/01/2019Pronounced: 25/01/2019

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 Nos. 495 & 497/VIZ/2017 (Asst. Year : 2011-12 & 2013-14)

DCIT, Central Circle-2, vs. Kotu Sarat Kumar, Visakhapatnam. Flat No. 111, C-Block, D.No. 10-28-3, Facor Colony, Visakhapatnam. PAN No. AENPK 3335 H (Appellant) (Respondent)

C.O.Nos. 18 & 20/VIZ/2018 (Arising out of ITA Nos. 495 & 497/VIZ/2017) (Asst. Year : 2011-12 & 2013-14)

Kotu Sarat Kumar, vs. DCIT, Central Circle-2, Flat No. 111, C-Block, Visakhapatnam. D.No. 10-28-3, Facor Colony, Visakhapatnam. PAN No. AENPK 3335 H (Appellant) (Respondent)

Assessee by : Shri G.V.N. Hari, Advocate. Department By : Shri D.K. Sonawal, CIT DR

Date of hearing : 24/01/2019. Date of pronouncement : 25/01/2019.

2 ITA Nos.495 & 497/VIZ/2017 C.O.Nos.18 & 20/VIZ/2018 (Kotu Sarat Kumar) O R D E R PER V. DURGA RAO, JUDICIAL MEMBER

These appeals by the revenue and the cross objections by the assessee are directed against the separate orders of Commissioner of Income Tax (Appeals), Vijayawada, each dated 24/03/2017 for the Assessment Years 2011-12 & 2013-14.

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 lakhs and as per the CBDT Circular No.03/2018 dated 11.07.2018 being retrospective in nature, these appeals are not maintainable and requested for dismissal of the same. On the other hand, ld. counsel for the assessee has relied on the orders passed by the ld. CIT(A). In view of the specific request made by the ld. DR, these appeals filed by the Revenue are dismissed.

[3. So far as cross objections are concerned, these are only supportive to the orders of the ld. CIT(A) and mere academic. In view of our decision in quantum appeals, no separate adjudication is required, therefore same are dismissed.

3 ITA Nos.495 & 497/VIZ/2017 C.O.Nos.18 & 20/VIZ/2018 (Kotu Sarat Kumar) 4. In the result, the appeal filed by the revenue is 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 : 25/01/2019 vr/- Copy to: 1. The Assessee-Kotu Sarat Kumar, Flat No. 111, C-Block, D.No. 10-28-3, Facor Colony, Visakhapatnam. 2. The Revenue-DCIT, Central Circle-2, Visakhapatnam 3. The Pr.CIT(Central), Visakhapatnam. 4. The CIT(A), Vijayawada. 5. The D.R., Visakhapatnam. 6. Guard file. By order

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

DY. CIT, VISAKHAPATNAM vs. KOTU SARAT KUMAR, VISAKHAPATNAM

What did the Tribunal hold?

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