What did the Tribunal hold?

The Tribunal held that the Revenue's appeals were not maintainable due to the low tax effect and dismissed them. The assessees' cross-objections were dismissed as not pressed.

The Revenue filed appeals before the ITAT. The tax effect in these appeals was below the monetary limit prescribed by CBDT circulars for filing appeals. The assessees had also filed cross-objections.

What were the issues?

The primary issue was the maintainability of the Revenue's appeals before the ITAT based on the monetary limit prescribed by CBDT circulars.

ACIT vs K.V.Ramakrishna Rao, Narsapur | 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 K.C. Das – Sr.DR

Hearing: 11/08/2018Pronounced: 21/08/2018

Heard together (4 matters)

C.O.No. 54/VIZ/2018

WTA No. 11/VIZ/2018

C.O.No. 40/VIZ/2018

C.O.No. 55/VIZ/2018

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

PER BENCH

The above listed appeals at the instance of the Revenue and the Cross Objections at the instance of the assessees are directed against the respective impugned orders passed by the respective ld. Commissioner of Income Tax (Appeals) & ld. Commissioner of Wealth Tax (Appeals) for respective Assessment Years as indicated above.

In all the above appeals, the tax effect pertaining to the amount disputed by the Revenue is less than the monetary limit of Rs. 20 lakhs fixed by the CBDT in Circular No. 03/2018, dated 11/07/2018, which is in supersession of its Circular No. 21/2015 dated 10/12/2015, in relation to filing of appeals before the Income Tax Appellate Tribunal. Taking into consideration the above, and also the fact that the CBDT Circular under reference applies retrospectively even to pending appeals, we hold that the above listed appeals filed by the Revenue are not maintainable and liable to be dismissed in limine. 3. At the time of hearing, ld. counsel for the assessee has submitted that he doesn’t want to press the Cross Objections. To

4 ( M/s. Sri Luxmi Tulasi Agro Paper Pvt. Ltd & Others) this, no objection from other side. In view of the submission made by the assessees’ counsel, the Cross objections filed by the assessees are dismissed as not pressed. 4. In the result, the above listed appeals of the Revenue are dismissed and Cross Objections of the assessees are also dismissed as not pressed. Order Pronounced in open Court on this 26th day of August, 2018.

Sd/- sd/- (D.S. SUNDER SINGH) (V. DURGA RAO) Accountant Member Judicial Member Dated : 21st August, 2018. vr/- Copy to: 1. The Assessee a) M/s. Sri Luxmi Tulasi Agro Paper Pvt. Ltd., 25-2-20, Jayakrishnapuram, Rajahmundry b) Subhash Bhararia, D.No. T 1, Lovren Residency, Kirlampudi Layout, Visakhapatnam. c) K.V. Ramakrishna Rao D.No. 6-12-18, Main Road, Narsapur, W.G. District. 2. The Revenue 3. The CIT 4. The CIT(A) 5. The D.R. 6. Guard file. By order

(VUKKEM RAMBABU) Sr. Private Secretary, ITAT, Visakhapatnam.

ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-1(1), RAJAHMUNDRY vs. K.V.RAMAKRISHNA RAO, NARSAPUR

What did the Tribunal hold?

What were the facts?

What were the issues?

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