THE ACIT, RAJAMAHENDRAVARAM vs. THE JAMPETA CO-OP URBAN BANK LTD, RAJAMAHENDRAVARAM

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ITA 194/VIZ/2017Status: DisposedITAT Visakhapatnam06 April 2018AY 2008-20092 pages

In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal held that as per CBDT circular No. 21/2015, appeals with a tax effect below Rs.10 lakhs are not maintainable. Therefore, the appeals filed by the revenue were dismissed.

What were the facts?

The revenue filed appeals against the orders of the CIT(A) for assessment years 2011-12 and 2008-09. The assessee submitted that the tax effect was below Rs.10 lakhs.

What were the issues?

The maintainability of revenue appeals based on the monetary limit prescribed by CBDT circulars.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, VISAKHAPATNAM BENCH, VISAKHAPATNAM

Before: SHRI V. DURGA RAO & SHRI D.S. SUNDER SINGH

For Appellant: Shri G.V.N. Hari, AR
Pronounced: 06.04.2018

आदेश / O R D E R

PER V. DURGA RAO, Judicial Member:

These appeals filed by the revenue are directed against orders of

the CIT(A)-2, Guntur vide Appeal No.052/2013-14 dated 6.1.2017 &

009/2011-12 dated 5.12.2016 for the assessment years 2011-12 &

2008-09 respectively.

ITA No.168&194 /Vizag/2017 The Jampeta Co-op. Urban Bank Ltd, Rajamahendravaram

2.

When these appeals are taken up for hearing, the Ld. Counsel for

the assessee has submitted that the tax effect involved in these appeals

is below Rs.10 lakhs. As per the circular No.21/2015 dated 10.12.2015

of CBDT being retrospective in nature, the appeals filed by the revenue

are not maintainable. The Ld. D.R. relied on the grounds of appeals. In

view of the above, the appeals filed by the revenue are not

maintainable. Hence, the same are dismissed.

3.

In the result, the appeals filed by the revenue are dismissed.

The above order was pronounced in the open court on 6th Apr’18.

Sd/- Sd/- ( ड.एस. . . . सु�दर "संह) (वी. दुगा�राव) (D.S. SUNDER SINGH) (V. DURGA RAO) लेखा सद�य/ACCOUNTANT MEMBER �या�यक सद�य/JUDICIAL MEMBER #वशाखापटणम /Visakhapatnam: 'दनांक /Dated :06.04.2018 VG/SPS आदेश क� ��त)ल#प अ*े#षत/Copy of the order forwarded to:- 1. अपीलाथ� / The Appellant – The ACIT, Circle-1(1), Rajamahendravaram 2. ��याथ� / The Respondent – The Jampeta Co-op. Urban Bank Ltd., D.No.46A, 28-28-34, Jampeta, Rajamahendravaram. 3. आयकर आयु+त / The Principal CIT, Rajahmundry 4. आयकर आयु+त (अपील) / The CIT (A)-2, Guntur 5. #वभागीय ��त�न.ध, आय कर अपील�य अ.धकरण, #वशाखापटणम / DR, ITAT, Visakhapatnam 6. गाड� फ़ाईल / Guard file आदेशानुसार / BY ORDER // True Copy // Sr. Private Secretary ITAT, VISAKHAPATNAM

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