CRIMSON INTERACTIVE PVT. LTD., MUMBAI V. ITO 12(1)(4), MUMBAI

CO 220/MUM/2018

• Counselvise Citation: [2018] 123 COUNSELVISE.COM (IT) 4112 (ITAT-MUMBAI)
• Duration Of Justice: 1 month(s) 5 day(s)
• Appeal Type: Cross Objection
• Pronouncement Date: 23-08-2018
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: Not Allotted
• Assessment Year: 2008-2009
• Appeal Filed On: 18-07-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: NISHANT SAMAIYA
• Keywords: Tax effect
• Section: 143(3)

Judgement Text

P A G E | 1 ITA NO. 5088/MUM/2016 AND C.O. NO. 220/MUM/2018 AY. 2008 - 09 INCOME TAX OFFICER - 12(1)(4) VS. M/S CRIMSON INTERACTIVE PVT. LTD. IN THE INCOME TAX APPELLATE TRIBUNAL G BENCH, M UMBAI BEFORE SHRI B.R.BASKARAN, AM AND SHRI RAVISH SOOD, JM ITA NO. 5088/MUM/2016 ( / ASSESSMENT YEAR:2008 - 09) INCOME TAX OFFICER - 12(1)(4) ROOM NO. 145A, AAYAKAR BHAVAN M.K. ROAD, CHURCHGATE, MUMBAI - 400 020 / VS. M/S CRIMSON INTERACTIVE PVT. LTD. 1001, 10 TH FLOOR, TECHNIPLEX II, VEER SAVARKAR FLYOVER, S.V. ROAD, GOREGAON (WEST), MUMBAI - 400 020 ./ ./ PAN NO. AACCC7445G ( /ASSESSEE ) : ( / REVENUE ) C.O. NO. 220/MUM/2018 ( / ASSESSMENT YEAR:2008 - 09) M/S CRIMSON INTERACTIVE PVT. LTD. 1001, 10 TH FLOOR, TECHNIPLEX II, VEER SAVARKAR FLYOVER, S.V.ROAD, GOREGAON (WEST), MUMBAI - 400 020 / VS. INCOME TAX OFFICER - 12(1)(4) ROOM NO. 145A, AAYAKAR BHAVAN M.K. ROAD, CHURCHGATE, MUMBAI - 400 020 ./ ./ PAN NO. AACCC7445G ( /ASSESSEE ) : ( / REVENUE ) / ASSESSEE BY : MR. JITENDRA JAIN , A DVOCATE / REVENUE BY : SHRI NISHANT SAMAIYA , D.R / DATE OF HEARING : 23.08 .2018 / DATE OF PRONOUNCEMENT : 2 3 .08.2018 P A G E | 2 ITA NO. 5088/MUM/2016 AND C.O. NO. 220/MUM/2018 AY. 2008 - 09 INCOME TAX OFFICER - 12(1)(4) VS. M/S CRIMSON INTERACTIVE PVT. LTD. / O R D E R PER RAVISH SOOD, JUDICIAL MEMBER: T HE CAPTIONED APPEAL FILED BY THE REVENUE PE RTAINING TO ASSESSMENT YEAR 2008 - 09 IS DIRECTED AGAINS T THE ORDER PASSED BY CIT(A) - 20, MUMBAI, DATED 27.05 .2016 , WHICH IN TURN ARISES FROM THE ORDER PASSED BY THE ASSESSING OFFICER UNDER SECTION 143(3) R.W.S 147 OF THE INCOME TAX ACT, 1961 (IN SHORT THE ACT), DATED 13.03.2015 . 2. AT THE OUTSET, THE LD. AUTHORIZED REPRESENTATIVE (FOR SHORT A.R) FOR THE ASSESSEE SUBMITTED THAT THE TAX EFFECT INVOLVED IN THIS APPEAL IS LESS THAN RS.20.00 LACS. IN SUPPORT OF HIS AFORESAID CONTENTION THE LD. A.R HAD PLACED ON RECORD A CALCULATION OF THE TAX LIABILITY INVOLVED IN THE APPEAL . THE LD. DEPARTMENTAL REPRESENTATIVE (FOR SHORT D. R) DID NOT CONTROVERT THE SAID FACTUAL POSITION. 3. WE FIND THAT THE CBDT VIDE ITS CIRCULAR NO.03/2018, DATED 11/07/2018 HAS REVISED THE MONETARY LIMITS FOR FILING OF APPEALS BY THE DEPARTMENT BEFORE THE TRIBUNAL, RETROSPECTIVELY. SINCE THE TAX EFFECT IN DISPUTE IN THE CAPTIONED APPEAL IS ADMITTEDLY BELOW THE MONETARY LIMIT OF RS.20.00 LACS SPECIFIED IN THE CBDT CIRCULAR NO. 03/2018, DATED 11/07/2018, THEREFORE, THE SAME IS DISMISSED AS NOT MAINTAINABLE. 4 . IN THE RESULT, APPEAL OF THE REVENUE IS DISMIS SED. C.O. NO. 220/MUM/2018 (ARISING OUT OF ITA NO. 5088/MUM/2016) 5 . THE LD. A.R SUBMITTED THAT THE CROSS OBJECTION FILED BY THE ASSESSEE WAS NOT BEING PRESSED. IN THE BACKDROP OF THE AFORESAID CONCESSION OF THE LD. A.R T HE CROSS OBJECTION FILED BY THE ASSESSEE IS DISMISSED AS NOT PRESSED. P A G E | 3 ITA NO. 5088/MUM/2016 AND C.O. NO. 220/MUM/2018 AY. 2008 - 09 INCOME TAX OFFICER - 12(1)(4) VS. M/S CRIMSON INTERACTIVE PVT. LTD. 6 . THAT BOTH THE APPEAL FILED BY THE REVENUE AND THE CROSS OBJECTION OF THE ASSESSEE ARE DISMISSED. ORDER PRONO UNCED IN THE OPEN COURT ON 2 3 .08.2018 S D / - S D / - (B.R. BASKARAN) ( RAVISH SOOD ) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI , DATED 2 3 . 08.2018 PS: ROHIT COPY OF THE ORDER FORWARDED TO : 1. THE APPELLANT , 2. THE RESPONDENT. 3. THE CIT(A) - 4. CIT 5. DR, ITAT, MUMBAI 6. GUARD FILE . BY ORDER, //TRUE COPY// (DY./ASSTT. REGISTRAR) ITAT, MUMBAI