THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, VIJAYAWADA vs. VIPPARLA VASUDEVA RAO(HUF), KHAMMAM

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ITA 142/VIZ/2018Status: DisposedITAT Visakhapatnam16 November 2018AY 2014-153 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal held that the Revenue's appeal was not maintainable due to the low tax effect, as per the applicable CBDT circular. The assessee's cross-objection was dismissed as time-barred without a condonation application.

What were the facts?

The Revenue filed an appeal against the CIT(A)'s order. The assessee's counsel submitted that the tax effect was below Rs. 20 lakhs, making the appeal not maintainable as per CBDT Circular No. 03/2018. The Departmental Representative conceded this point.

What were the issues?

The primary issue was the maintainability of the Revenue's appeal based on the tax effect and CBDT circulars. Another issue was the dismissal of the assessee's cross-objection due to being time-barred.

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 Appellant: Shri G.V.N. Hari – Advocate
For Respondent: Shri D.K. Sonawal – CIT DR
Hearing: 14/11/2018

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. 142/VIZ/2018 (Asst. Year : 2014-15) DCIT, Central Circle, vs. Vipparla Vasudeva Rao (HUF), Vijayawada. H.No. 6-2-108, Jammibanda, Khammam PAN No. AACHV 6717 P (Appellant) (Respondent)

C.O.No. 100/VIZ/2018 (Arising out of ITA No. 142/VIZ/2018) (Asst. Year : 2014-15) Vipparla Vasudeva Rao (HUF), vs. DCIT, Central Circle, H.No. 6-2-108, Jammibanda, Vijayawada. Khammam PAN No. AACHV 6717 P (Appellant) (Respondent)

Assessee by : Shri G.V.N. Hari – Advocate. Department By : Shri D.K. Sonawal – CIT DR Date of hearing : 14/11/2018. Date of pronouncement : 16/11/2018. O R D E R PER V. DURGA RAO, JUDICIAL MEMBER

This appeal by the Revenue and the Cross Objection by the assessee are directed against the order of ld. Commissioner of

2 ITA No.142/VIZ/2018 C.O.No. 100/VIZ/2018 [Vipparla Vasudeva Rao (HUF)] Income Tax (Appeals)-3, Visakhapatnam, dated 30/01/2018 for the A.Y. 2014-15. 2. When this appeal is taken up for hearing, Ld. Counsel 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 fairly conceded that the tax effect is below Rs. 20 lakhs. In view of the above, the appeal filed by the revenue is not maintainable. Hence, the same is dismissed. 3. So far as Cross Objection is concerned, it is time barred by 120 days and no condonation application is filed, therefore, the same is dismissed in limini. 4. In the result, appeal of the Revenue and Cross Objection of the assessee are dismissed. Order Pronounced in open Court on this 16th day of Nov., 2018.

Sd/- sd/- (D.S. SUNDER SINGH) (V. DURGA RAO) Accountant Member Judicial Member Dated : 16th Nov., 2018. vr/-

3 ITA No.142/VIZ/2018 C.O.No. 100/VIZ/2018 [Vipparla Vasudeva Rao (HUF)] Copy to: 1. The Assessee - Vipparla Vasudeva Rao (HUF), H.No. 6-2-108, Jammibanda, Khammam. 2. The Revenue – DCIT, Central Circle, Vijayawada. 3. The Pr.CIT (Central), Visakhapatnam. 4. The CIT(A)-3, Visakhapatnam. 5. The D.R., Visakhapatnam. 6. Guard file. By order

(VUKKEM RAMBABU) Sr.PS, ITAT, Vizag.

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