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 CBDT circular. The assessee's cross-objection was dismissed as it supported the CIT(A)'s order.

The Revenue filed an appeal against the CIT(A)'s order for AY 2008-09. The assessee's counsel stated the tax effect was below Rs. 20 lakhs, making the appeal not maintainable as per CBDT Circular No. 03/2018.

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 applicability of CBDT Circular No. 03/2018.

ITO vs Kalyani Modern Rice Mill… | 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 P. Prabhakara Murthy – Adv

For Respondent: Shri Ch. Sanjeev – Sr. DR

Hearing: 04.09.2018Pronounced: 12.09.2018

Heard together (2 matters)

ITA Nos.305/VIZ/2018

CO No.53/VIZ/2018

Read from the judgment's own cause title. This page is filed under one of them.

ITA Nos.305/VIZ/2018 & CO No.53/VIZ/2018 (Kalyani Modern Rice Mill)

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 I.T.A.No.305/VIZ/2018 (Assessment Year: 2008-09) ITO, Ward-3, Kalyani Modern Rice Mill, Kakinada. #31-9-40, Yadida Road, Vs. Mandapeta, E.G. District. [PAN: AACFK 4573 E] (Appellant) (Respondent)

C.O. No.53/VIZ/2018 (Arising out of I.T.A.No.305/VIZ/2018) (Assessment Year: 2008-09) Kalyani Modern Rice Mill, Vs. ITO, Ward-3, #31-9-40, Yadida Road, Kakinada. Mandapeta, E.G. District. [PAN: AACFK 4573 E] (Applicant) (Respondent) Assessee by : Shri P. Prabhakara Murthy – Adv. Department by : Shri Ch. Sanjeev – Sr. DR Date of hearing : 04.09.2018 Date of Pronouncement : 12.09.2018 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 the ld.CIT(A)-9, Hyderabad, dated 22.03.2018 for the Assessment Year 2008-09. 2. When this appeal is taken up for hearing, the ld. counsel for the assessee has submitted that the tax effect involved in this 1

ITA Nos.305/VIZ/2018 & CO No.53/VIZ/2018 (Kalyani Modern Rice Mill)

appeal is below Rs.20 lakhs. As per the recent 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 not raised any objection. In view of the above, the appeal filed by the revenue is not maintainable, hence, the same is dismissed.

The Cross Objection filed by the assessee is in support of the order of ld. CIT(A), hence, the same is dismissed.

In the result, the appeal filed by the Revenue and the Cross Objection filed by the assessee are dismissed.

Order pronounced in the open court on 12th September, 2018. Sd/- sd/- (D.S. SUNDER SINGH) (V. DURGA RAO) ACCOUNTANT MEMBER JUDICIAL MEMBER Dated : 12/09/2018 vr/- Copy of the order forwarded to:- 1. The assessee – Kalyani Modern Rice Mill, #31-9-40, Yadida Road, Mandapeta, E.G. District. 2. The Revenue – ITO, Ward-3, Kakinada. 3. The Pr.CIT – 2, Visakhapatnam. 4. The CIT(A)-9, Hyderabad. 5. DR, ITAT, Visakhapatnam. 6. Guard file BY ORDER

Senior Private Secretary ITAT, VISAKHAPATNAM

INCOME TAX OFFICER, WARD-3, KAKINADA vs. KALYANI MODERN RICE MILL, MANDAPETA

What did the Tribunal hold?

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