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Income Tax Appellate Tribunal, VISAKHAPATNAM BENCH, VISAKHAPATNAM
Before: SHRI V. DURGA RAO, HON’BLE & SHRI D.S. SUNDER SINGH, HON’BLE
PER V. DURGA RAO, JUDICIAL MEMBER
This appeal by the revenue and the Cross Objection by the assessee are directed against the order of Commissioner of Income Tax (Appeals)-2, Visakhapatnam, dated 07/03/2017 for the Assessment Year 2012-13.
When this appeal is taken up for hearing, ld. Authorised Representative for the assessee has submitted 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 above, this appeal filed by the revenue is not maintainable and accordingly dismissed.
So far as Cross Objection is concerned, there is a delay of 175 days. The assessee failed to explain sufficient cause to condone the delay, therefore, same is dismissed.
3 ITA No.334/VIZ/2017 C.O. 08/VIZ/2018 (M. Sabapati Palanivelu) 4. In the result, the appeal filed by the revenue as well as cross objection filed by the assessee is dismissed. Order Pronounced in open Court on this 20th day of Sep., 2018. Sd/- sd/- (D.S. SUNDER SINGH) (V. DURGA RAO) Accountant Member Judicial Member Dated : 20/09/2018 vr/- Copy to: 1. The Assessee - Metupalayam Sabapati Palanivelu, Prop. M/s. MSP Granites, Room No. 7, Banker’s Colony, Back side of Deepa Mahal, Srikakulam. 2. The Revenue – ITO, Ward-1, Srikakulam. 3. The CIT, Visakhapatnam. 4. The CIT(A)-2, Visakhapatnam. 5. The D.R., Visakhapatnam. 6. Guard file. By order
(VUKKEM RAMBABU) Sr. Private Secretary, ITAT, Visakhapatnam.