What did the Tribunal hold?

The Tribunal held that the revenue's appeal was not maintainable due to the low tax effect as per CBDT Circular No. 03/2018. The assessee's cross-objection was dismissed as it supported the CIT(A)'s order.

The revenue filed an appeal before the ITAT, and the assessee filed a cross-objection. The tax effect in the revenue's appeal was below Rs. 20 lakhs.

What were the issues?

The primary issue was the maintainability of the revenue's appeal before the ITAT based on the tax effect and the CBDT circular. The secondary issue was the fate of the assessee's cross-objection.

ACIT vs Gadiraju Ramakrishnam Raju… | 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 G.V.N. Hari, Advocate

For Respondent: Shri Deba Kumar Sonawal, CIT DR

Hearing: 19/09/2018

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

2 ITA No.323/VIZ/2018 C.O. 59/VIZ/2018 (Gadiraju Ramakrishnam Raju) Income Tax (Appeals)-3, Visakhapatnam, dated 12/03/2018 for the Assessment Year 2011-12. 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 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, it is in support of the order of the ld. CIT(A), hence, the same is dismissed.

In the result, appeal filed by the revenue as well as cross objection filed by the assessee is dismissed.

Order Pronounced in open Court on this 21st day of Sep., 2018.

sd/- Sd/- (D.S. SUNDER SINGH) (V. DURGA RAO) Accountant Member Judicial Member Dated : 20/09/2018 vr/-

3 ITA No.323/VIZ/2018 C.O. 59/VIZ/2018 (Gadiraju Ramakrishnam Raju) Copy to: 1. The Assessee – Gadiraju Ramakrishnam Raju, D.No. 2- 48-23/4, Flat No. 401, G.B. Mansion, MVP Colony, Visakhapatnam. 2. The Revenue– ACIT, Central Circle-1, Visakhapatnam. 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. Private Secretary, ITAT, Visakhapatnam.

ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1, VISAKHAPATNAM vs. GADIRAJU RAMAKRISHNAM RAJU, VISAKHAPATNAM

What did the Tribunal hold?

What were the facts?

What were the issues?

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