What did the Tribunal hold?

The Tribunal noted that the tax effect involved was below Rs. 20 lakhs. As per CBDT Circular No. 03/2018, such an appeal is not maintainable. The Departmental Representative did not object.

The Revenue filed an appeal against the order of the CIT(A) for Assessment Year 2008-09. The appeal was taken up for hearing on 03/12/2018.

What were the issues?

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

ITO vs Panchajanya Estate, Guntur | ITAT Visakhapatnam 2018

Income Tax Appellate Tribunal, VISAKHAPATNAM BENCH, VISAKHAPATNAM

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

Hearing: 03/12/2018

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. 455/VIZ/2018 (Asst. Year : 2008-09) ITO, Ward-1(3), vs. M/s. Panchajanya Estate, Guntur. D.No. 9-10-8, Kothapet, Guntur. PAN No. AAJFP 7786 K (Appellant) (Respondent)

Assessee by : None. Department By : Mrs. Suman Malik – Sr.DR

Date of hearing : 03/12/2018. Date of pronouncement : 07/12/2018. O R D E R PER V. DURGA RAO, JUDICIAL MEMBER

This appeal by the revenue is directed against the order of Commissioner of Income Tax (Appeals)-1, Guntur, dated 27/06/2018 for the Assessment Year 2008-09. 2. When this appeal is taken up for hearing, we noticed that the tax effect involved in this appeal is below Rs.20 lakhs and as per the latest CBDT Circular No.03/2018 dated 11.07.2018, the appeal filed by the revenue is not maintainable. Ld. Departmental Representative has not raised any objection. In view of the

2 ITA No.455/VIZ/2018 (M/s. Panchajanya Estate) above, this appeal filed by the revenue is not maintainable and is accordingly dismissed.

In the result, the appeal filed by the revenue is dismissed. Order Pronounced in open Court on this 07th day of Dec., 2018.

Sd/- sd/- (D.S. SUNDER SINGH) (V. DURGA RAO) Accountant Member Judicial Member Dated : 07/12/2018 vr/- Copy to: 1. The Assessee - M/s. Panchajanya Estate, D.No. 9-10-8, Kothapet, Guntur. 2. The Revenue – ITO, Ward-1(3), Guntur. 3. The Pr.CIT, Guntur. 4. The CIT(A)-1, Guntur. 5. The D.R., Visakhapatnam. 6. Guard file. By order

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

THE INCOME TAX OFFICER, WARD - 1(3), GUNTUR vs. PANCHAJANYA ESTATE, GUNTUR

What did the Tribunal hold?

What were the facts?

What were the issues?

Recent GST High Court judgments