What did the Tribunal hold?

The Tribunal held that the revenue's appeal was not maintainable due to the low tax effect, as per CBDT Circular No. 03/2018. The assessee's cross-objection was dismissed as it became infructuous.

The revenue filed an appeal, and the assessee filed a cross-objection against the CIT(A)'s order. The tax effect in the revenue's appeal was below Rs. 20 lakhs.

What were the issues?

The primary issue was the maintainability of the revenue's appeal based on the tax effect threshold stipulated by CBDT circulars.

ACIT vs Efftronics Systems Private… | 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. Subrahmanyam – FCA

For Respondent: Shri V. Appala Raju – Sr. DR

Hearing: 02.01.2019Pronounced: 11.01.2019

Heard together (2 matters)

ITA No.382/VIZ/2018

CO No.122/VIZ/2018

Read from the judgment's own cause title. This page is filed under one of them.

PER V. DURGA RAO, Judicial Member:

This is an appeal filed by the revenue and the Cross Objection filed by the assessee against the order of the ld.CIT(A), Vijayawada, dated 11.05.2018 for the assessment year 2014-15.

ITA No.382/VIZ/2018 & CO No.122/VIZ/2018 (M/s. Efftronics Systems Pvt. Ltd.)

When this appeal is taken up for hearing, the ld. Authorised Representative for the assessee has submitted that the tax effect involved in this appeal is below Rs.20 lakhs. As per the CBDT Circular No.03/2018, dated 11.07.2018 being retrospective in nature, the appeal filed by the revenue is not maintainable. The Ld.D.R. has not raised any objection. In view of the above, the appeal filed by the revenue is not maintainable. Hence, the same is dismissed.

The Cross Objection filed by the assessee is in support of the order of Ld. CIT(A), hence, the same has become infructuous is dismissed accordingly.

In the result, the appeal filed by the revenue and the Cross Objection filed by the assessee are dismissed.

Order pronounced in the open court on 11th January, 2019.

Sd/- sd/- (D.S. SUNDER SINGH) (V. DURGA RAO) ACCOUNTANT MEMBER JUDICIAL MEMBER Visakhapatnam: Dated : 11/01/2019 vr/-

ITA No.382/VIZ/2018 & CO No.122/VIZ/2018 (M/s. Efftronics Systems Pvt. Ltd.)

Copy of the order forwarded to:- 1. The assessee – M/s. Efftronics Systems Pvt. Ltd., D.No. 40-15-9, Brindavan Colony, Labbipet, Vijayawada. 2. The Revenue – ACIT, Circle-2(1), Vijayawada. 3. The Pr.CIT, Vijayawada. 4. The CIT(A), Vijayawada. 5. DR, ITAT, Visakhapatnam 6. Guard file BY ORDER

Senior Private Secretary ITAT, VISAKHAPATNAM

ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-2(1), VIJAYAWADA vs. EFFTRONICS SYSTEMS PRIVATE LIMITED, VIJAYAWADA

What did the Tribunal hold?

What were the facts?

What were the issues?

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