What did the Tribunal hold?

The Tribunal dismissed the revenue's appeal as not maintainable due to the low tax effect as per CBDT Circular. The assessee's cross-objection was also dismissed due to a significant delay and lack of sufficient cause for condonation.

The revenue filed an appeal and the assessee filed a cross-objection against the CIT(A)'s order for AY 2012-13. The tax effect in the revenue's appeal was below Rs. 20 lakhs.

What were the issues?

Maintainability of revenue's appeal based on tax effect and condonation of delay for assessee's cross-objection.

ITO vs Sri M. S. Palanivelu, Srikakulam | ITAT Visakhapatnam 2018

Income Tax Appellate Tribunal, VISAKHAPATNAM BENCH, VISAKHAPATNAM

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

For Appellant: Shri C. Subrahmanyam-FCA

For Respondent: Shri K.C. Das – Sr.DR

Hearing: 18/09/2018Pronounced: 20/09/2018

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.

THE ITO., SRIKAKULAM vs. SRI M. S. PALANIVELU, SRIKAKULAM

What did the Tribunal hold?

What were the facts?

What were the issues?

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