Ingot Systems Private Limited, (now merged with Synopsys (India) Private Limited), Bangalore V. Income tax Officer, Pune

CO 11/PUN/2017

• Counselvise Citation: [2018] 123 COUNSELVISE.COM (IT) 4007 (ITAT-PUNE)
• Duration Of Justice: 1 year(s) 4 month(s) 21 day(s)
• Appeal Type: Cross Objection
• Pronouncement Date: 25-07-2018
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 25-07-2018
• Assessment Year: 2010-2011
• Appeal Filed On: 06-03-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: K SRINIVAS
• Keywords: Retrospective amendment; Tax effect
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH A , PUNE , , BEFORE MS. SUSHMA CHOWLA, JM AND SHRI ANIL CHATURVEDI, AM . / ITA NO. 1 942 /P U N/201 4 / ASSESSMENT YEAR : 20 1 0 - 1 1 THE INCOME TAX OFFICER , WARD 1(4), PUNE . / APPELLANT VS. SYNOPSIS (INDIA) PVT. LTD., (FORMERLY KNOWN AS INGOT SYSTEMS PVT. LTD.) RMZ INFINITY, TOWER A, 5 TH FLOOR , NO.3, OLD MADRAS ROAD, BENNIGANHALLI, BANGALORE 560016 . / RESPONDENT PAN: A ABCI2637M . /CO NO. 11 /PUN/201 7 / ASSESSMENT YEAR : 2010 - 11 (OUT OF ITA NO.1942/PUN/2014 ) INGOT SYSTEMS PVT. LTD. [ NOW MERGE D WITH SYNOPSIS (INDIA) PVT. LTD. ] RMZ INFINITY, TOWER A, 5 TH FLOOR, NO.3, OLD MADRAS ROAD, BENNIGANHALLI, BANGALORE 560016 / CROSS OBJECT OR PAN: AABCI2637M VS. THE INCOME TAX OFFICER, WARD 1(4), PUNE . / RESPON DENT ASSESSEE BY : SHRI K. SRINIVAS RESPONDENT BY : SHRI ACHAL SHARMA / DATE OF HEARING : 2 5 . 0 7 .201 8 / DATE OF PRONOUNCEMENT: 2 5 . 0 7 .201 8 ITA NO. 1 942 /P U N/20 1 4 C O NO.11/PUN/2017 SYNOPSIS (INDIA) PVT. LTD. 2 / ORDER PER SUSHMA CHOWLA, J M : THE APPEAL FILED BY REVENUE IS AGAIN ST ORDER OF CIT (A) - IT/TP , PUNE , DATED 2 0 . 0 8 .20 1 4 RELATING TO ASSESSMENT YEAR 20 1 0 - 1 1 AGAINST ORDER PASSED UNDER SECTION 143(3) OF THE INCOME - TAX ACT , 1961 (IN SHORT THE ACT) . THE ASSESSEE FILED CROSS OBJECTIONS AGAINST THE APPEAL OF REVENUE. 2. THE APP EAL FILED BY REVENUE AND CROSS OBJECTIONS FILED BY THE ASSESSEE WERE HEARD TOGETHER AND ARE BEING DISPOSED OF BY THIS CONSOLIDATED ORDER FOR THE SAKE OF CONVENIENCE. 3. THE CBDT VIDE CIRCULAR NO.3/2018 , DATED 11 . 07 . 2018 HAS REVISED THE MONETARY LIMITS FO R FILING OF APPEALS BY THE DEPARTMENT BEFORE THE TRIBUNAL WITH RETROSPECTIVE EFFECT. THE TAX EFFECT IN DISPUTE IN THE CAPTIONED APPEAL IS STATED TO BE BELOW THE MONETARY LIMIT OF 20.00 LA KHS SPECIFIED IN THE CBDT CIRCULAR DATED 11 . 07 . 2018 (SUPRA). 4 . I N THIS BACKGROUND, THE LEARNED DEPARTMENTAL REPRESENTATIVE FOR THE REVENUE WAS REQUIRED TO STATE H IS POSITION; HE HAS NOT REFERRED TO ANY MATERIAL WHICH WOULD SHOW THAT THE CAPTIONED APPEAL IS PROTECTED BY ANY OF THE EXCEPTIONS PROVIDED IN PARA 10 OF THE CIRCULAR (SUPRA). 5 . WITHOUT GOING INTO THE MERIT OF THE ISSUES RAISED IN THE CAPTIONED APPEAL, THIS APPEAL IS DEEMED TO BE WITHDRAWN/NOT PRESSED AS ITS FILING IS IN CONTRAVENTION OF THE CBDT CIRCULAR DATED 11 . 07 . 2018 (SUPRA). BEFORE PARTING, WE CL ARIFY HERE THAT THE REVENUE SHALL BE AT LIBERTY TO APPROACH THE TRIBUNAL FOR RE - INSTITUTION OF APPEAL, IF THE REQUISITE MATERIAL IS BROUGHT TO SHOW THAT THE ITA NO. 1 942 /P U N/20 1 4 C O NO.11/PUN/2017 SYNOPSIS (INDIA) PVT. LTD. 3 APPEAL IS PROTECTED BY THE EXCEPTIONS PRESCRIBED IN PARA 10 OF THE CIRCULAR (SUPRA). 6 . IN CONCLUS ION, BY APPLYING THE CBDT CIRCULAR DATED 11 . 07 . 2018 (SUPRA), THE CAPTIONED APPEAL OF THE REVENUE IS DISMISSED AS WITHDRAWN/NOT PRESSED. 7. THE CROSS OBJECTION FILED BY THE ASSESSEE IS NOT PRESSED BY THE LEARNED AUTHORIZED REPRESENTATIVE FOR THE ASSESSEE AND HENCE THE SAME IS DISMISSED AS NOT PRESSED. 8 . IN THE RESULT, THE APPEAL OF REVENUE AND CROSS OBJECTIONS OF ASSESSEE ARE DISMISSED . ORDER PRONOUNCED IN OPEN COURT ON THIS 2 5 TH DAY OF JULY , 201 8 . SD/ - SD/ - (ANI L CHATURVEDI) (SUSHMA CHOWLA ) / ACCOUNTANT MEMBER / JUDICIAL MEMBER / PUNE ; DATED : 2 5 TH JULY , 201 8 . GCVSR / COPY OF THE ORDER IS FORWARDED TO : 1. / THE APPELLANT ; 2. / THE RESPONDENT; 3. ( ) / THE CIT(A) - IT/TP , PUNE ; 4. THE DIT(TP/IT), / CI T - I , PUNE ; 5. 6. , , / DR A , ITAT, PUNE ; / GUARD FILE . / BY ORDER , // TRUE COPY // / SR. PRIVATE SECRETARY , / ITAT, PUNE