The ACIT, Circle-5(1),, Visakhapatnam v. Sri K Venkatapati Raju, Visakhapatnam., Visakhapatnam

ITA 128/VIZ/2005 | 1998-1999
Pronouncement Date: 07-01-2010 | Result: Dismissed

Appeal Details

RSA Number 12825314 RSA 2005
Bench Visakhapatnam
Appeal Number ITA 128/VIZ/2005
Duration Of Justice 4 year(s) 10 month(s) 19 day(s)
Appellant The ACIT, Circle-5(1),, Visakhapatnam
Respondent Sri K Venkatapati Raju, Visakhapatnam., Visakhapatnam
Appeal Type Income Tax Appeal
Pronouncement Date 07-01-2010
Appeal Filed By Department
Order Result Dismissed
Bench Allotted DB
Tribunal Order Date 07-01-2010
Assessment Year 1998-1999
Appeal Filed On 17-02-2005
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL VISAKHAPATNAM BENCH VISAKHAPATNAM BEFORE: SHRI SUNIL KUMAR YADAV JUDICIAL MEMBER AND SHRI BR BASKARAN ACCOUNTANT MEMBER ITA NO.128/VIZAG/2005 ASSESSMENT YEAR : 1998-99 ACIT CIRCLE-5(1) VISAKHAPATNAM SRI K. VENKATAPATHI RAJU VISAKHAPATNAM (APPELLANT) VS. (RESPONDENT) GIR NO.V-2708 APPELLANT BY: SHRI G.S.S. GOPINATH DR RESPONDENT BY: SHRI K.J.D. SRINIVAS CA ORDER PER SHRI S.K. YADAV JUDICIAL MEMBER:- THIS APPEAL BY THE REVENUE IS DIRECTED AGAINST THE ORDER DATED 21.12.2004 PASSED BY THE CIT (A)-I VISAKHAPATNAM AND IT PERTAINS TO THE ASSESSMENT YEAR 1998-99. 2. BOTH THE PARTIES HAVE AGREED THAT THE REVENUE EF FECT IN EACH CASE IS LESS THAN RS.2 00 000/- AND AS SUCH THE SAME IS LIA BLE TO BE DISMISSED IN VIEW OF JUDGEMENT OF THE JURISDICTIONAL HIGH COURT IN TH E CASE OF C.I.T. VS A. RAJENDRA PRASAD (299 ITR 227) . IN THE SAID DECISION HONBLE COURT HAS HELD THAT THE CBDT INSTRUCTIONS FIXING MONETARY LIMITS F OR FILING APPEALS ARE STATUTORY IN NATURE AS THEY WERE ISSUED BY THE CBDT IN EXERCISE OF POWERS UNDER SECTION 119 OF THE INCOME TAX ACT AND THE REV ENUE HAS TO NECESSARILY FOLLOW THEM AND IF A CASE FALLS UNDER ONE OF THE EX CEPTIONS PROVIDED IN THE CIRCULARS A SPECIFIC GROUND SHOULD BE RAISED IN TH AT REGARD. ADMITTEDLY THE REVENUE HAS NOT RAISED A SPECIFIC GROUND TO SHOW TH AT THE CASE FALLS WITHIN THE EXCEPTIONS PROVIDED IN THE CIRCULARS OF CBDT. 3. UNDER THE CIRCUMSTANCES BY RESPECTFULLY FOLLOWI NG THE DECISION OF THE HONBLE ANDHRA PRADESH HIGH COURT CITED SUPRA WE D ISMISS THE APPEAL AS UN- ADMITTED ON THE GROUND THAT IT IS CONTRARY TO THE P OLICY DECISION TAKEN BY THE CBDT. 2 PRONOUNCED IN THE OPEN COURT ON 7.1.2010 SD/- SD/- (BR BASKARAN) (SUNIL KUMAR YADAV) ACCOUNTANT MEMBER JUDICIAL MEMBER VG/SPS VISAKHAPATNAM DATED 7 TH JANUARY 2010 COPY TO 1 THE ACIT CIRCLE-5(1) RANGE-5 IIND FLOOR DIREC T TAXES BUILDING SECTOR- 8 MVP COLONY VISAKHAPATNAM-17. 2 SHRI K. VENKATAPATHI RAJU 16-155 MEHAR NAGAR G AJUWAKA VISAKHAPATNAM 3 THE CIT VISAKHAPATNAM 4 THE CIT(A)-I VISAKHAPATNAM 5 THE DR ITAT VISAKHAPATNAM. 6 GUARD FILE. BY ORDER SENIOR PRIVATE SECRETARY INCOME TAX APPELLATE TRIBUNAL VISAKHAPATNAM