M/s. Hindustan Coca Cola Marketing Company Pvt. Ltd., Gurgaon V. DCIT, New Delhi

CO 24/DEL/2015

• Counselvise Citation: [2016] 112 COUNSELVISE.COM (IT) 4115 (ITAT-DELHI)
• Duration Of Justice: 1 year(s) 3 month(s) 27 day(s)
• Appeal Type: Cross Objection
• Pronouncement Date: 29-06-2016
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 29-06-2016
• Assessment Year: 2008-2009
• Appeal Filed On: 03-03-2015
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: RAVI JAIN
• Keywords: Tax effect

Judgement Text

1 ITA NO. 2274/DEL/14 & C.O 24/DEL/15 IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH: A NEW DELHI BEFORE SHRI S.V. MEHROTRA, ACCOUNTANT MEMBER AND SMT SUCHITRA KAMBLE , JUDICIAL MEMBER I.T.A .NO. 2274/DEL/2014 (ASSESSMENT YEA R-2008-09) DCIT CIRCLE-12(1) NEW DELHI (APPELLANT) VS HINDUSTAN COCA COLA MARKETING COMPANY PVT. LTD 13, ABUL FAZAL ROAD, BENGALI MARKET NEW DELHI AABCH1541D (RESPONDENT) C.O .NO. 24 /DEL/2015 (ASSESSMENT YEA R-2008-09) HINDUSTAN COCA COLA MARKETING COMPANY PVT. LTD 13, ABUL FAZAL ROAD, BENGALI MARKET NEW DELHI AABCH1541D (APPELLANT) VS DCIT CIRCLE-12(1) NEW DELHI (RESPONDENT) APPELLANT BY RAVI JAIN, CIT, DR RESPONDENT BY SH. SACHIT J O LLY, ADV ORDER DATE OF HEARING 29.06.2016 DATE OF PRONOUNCEMENT 29.06.2016 2 ITA NO. 2274/DEL/14 & C.O 24/DEL/15 PER SUCHITRA KAMBLE, JM THIS APPEALS IS FILED BY THE REVENUE AND THE CROS S OBJECTION IS FILED BY THE ASSESSEE. ADMITTEDLY THE TAX EFFECT IN REVENUE S APPEAL IS LESS THAN RS.10 LAKHS. 2. IN TERMS OF CBDT CIRCULAR NO.21/2015 DATED 10 TH DECEMBER,2015, F.NO. 279/MISC./142/2007-ITJ(PT.) READ WITH S.268 A OF TH E INCOME TAX ACT 1961, THIS APPEAL BY THE REVENUE SHOULD HAVE BEEN WITHDR AWN OR SHOULD NOT HAVE BEEN PRESSED BY THE REVENUE. 3. THE LD. AR SUBMITTED THAT SINCE THE APPEAL OF THE R EVENUE IS LESS THAN RS. 10 LAKHS, THE APPEAL HAS TO BE DISMISSED AND TH E CROSS OBJECTION FILED BY THE ASSESSEE IS WITHDRAWN BY THE LD. AR. 4. IN RESULT, THE APPEAL OF THE REVENUE AND THE CROSS OBJECTION OF THE ASSESSEE ARE DISMISSED. THE ORDER IS PRONOUNCED IN THE OPEN COURT ON 29 TH OF JUNE , 2016. (S.V. MEHROTRA) (SUCHITRA KAMBLE) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 29/06/2016 R. NAHEED * COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT 3 ITA NO. 2274/DEL/14 & C.O 24/DEL/15 ASSISTANT REGISTRAR ITAT NEW DELHI DATE 1. DRAFT DICTATED ON 29.06 2016 PS 2. DRAFT PLACED BEFORE AUTHOR 29.06.2016 PS 3. DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER 02.2016 JM/AM 4. DRAFT DISCUSSED/APPROVED BY SECOND MEMBER. JM/AM 5. APPROVED DRAFT COMES TO THE SR.PS/PS 29.06.2016 PS/PS 6. KEPT FOR PRONOUNCEMENT ON PS 7. FILE SENT TO THE BENCH CLERK 29.06.2016 PS 8. DATE ON WHICH FILE GOES TO THE AR 9. DATE ON WHICH FILE GOES TO THE HEAD CLERK. 10. DATE OF DISPATCH OF ORDER.