THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-4(1), VISAKHAPATNAM vs. SRI KIMIDI SURAPU NAIDU JUTE TWINE INDUSTRIES PRIVATE LIMITED, SRIKAKULAM

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ITA 490/VIZ/2018Status: DisposedITAT Visakhapatnam11 January 2019AY 2012-133 pages

In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal noted that as per CBDT Circular No. 03/2018, appeals with a tax effect below Rs. 20 lakhs are not maintainable. The Department did not object to this.

What were the facts?

The Revenue filed appeals against the CIT(A)'s order for AY 2012-13 and 2013-14. The tax effect involved was below Rs. 20 lakhs.

What were the issues?

The primary issue was the maintainability of the Revenue's appeals based on the tax effect and 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 Respondent: Shri V. Appala Raju – Sr.DR
Hearing: 03/01/2019

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 No. 490 & 491/VIZ/2018 (Asst. Year : 2012-13 & 2013-14) DCIT, Circle-4(1), vs. M/s. Sri Kimidi Surapu Naidu Visakhapatnam. Jute Twine Industries Pvt. Ltd., Regidi, Amadalavasala, Srikakulam. PAN No. AACCS 4238 F (Appellant) (Respondent)

Assessee by : None Department By : Shri V. Appala Raju – Sr.DR

Date of hearing : 03/01/2019. Date of pronouncement : 11/01/2019. O R D E R PER V. DURGA RAO, JUDICIAL MEMBER

These appeals by the Revenue are directed against the common order of Commissioner of Income Tax (Appeals)-9, Hyderabad, dated 28/06/2018 for the Assessment Years 2012-13 & 2013-14. 2. When these appeals are taken up for hearing, we have noticed that tax effect involved in these appeals is below Rs.20.00 lakhs and as per CBDT Circular No. 03/2018, dated 11.07.2018

2 ITA Nos.490 & 491/VIZ/2018 (M/s. Kimidi Surapu Naidu Jute Twine Industries P. Ltd.)

being retrospective in nature, the appeals filed by the revenue are not maintainable. The Ld. D.R. has not raised any objection. In view of the above, the appeals filed by the revenue are not maintainable and accordingly dismissed. 3. In the result, appeals filed by the Revenue are dismissed. Order Pronounced in open Court on this 11th day of Jan., 2019.

Sd/- sd/- (D.S. SUNDER SINGH) (V. DURGA RAO) Accountant Member Judicial Member Dated: 11th Jan., 2019. vr/- Copy to: 1. The Assessee-M/s. Sri Kimidi Surapu Naidu Jute Twine Industries Pvt. Ltd., Regidi, Amadalavasala, Srikakulam. 2. The Revenue- DCIT, Circle-4(1), Visakhapatnam. 3. The Pr.CIT-2, Visakhapatnam. 4. The CIT(A)-9, Hyderabad. 5. The D.R., Visakhapatnam. 6. Guard file. By order

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

3 ITA Nos.490 & 491/VIZ/2018 (M/s. Kimidi Surapu Naidu Jute Twine Industries P. Ltd.)

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