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

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.