ITO 2(2)(3), MUMBAI V. MAHINDRA TELECOMMUNICATIONS INVESTMENT P. LTD, MUMBAI

ITA 1646/MUM/2014

• Counselvise Citation: [2017] 128 COUNSELVISE.COM (IT) 8062 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 11 month(s) 30 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 09-03-2017
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2008-2009
• Appeal Filed On: 10-03-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SUMAN KUMARDR
• Assessee Lawyers: PRASAD BAPAT
• Keywords: Tax effect
• Section: 2

Judgement Text

1 MAHINDRA TELE I.T.A.NO. 1646/MUM/2014 IN THE INCOME TAX APPELLATE TRIBUNNAL MUMBAI BENCH B , MUMBAI BEFORE SHRI MAHAVIR SINGH (JUDICIAL MEMBER) AND SHRI ASHWANI TANEJA ( ACCOUNTANT MEMBER) I.T.A.NO. 1646/MUM/2014 ( ASSESSMENT YEAR 2008-09) INCOME TAX OFFICER 2(2)(3), MUMBAI V/S M/S MAHINDRA TELECOMMUNICATIONS INVESTMENT PRIVATE LIMITED, FORMERLY MAHINDRA AIR SERVICES LTD., GATEWAY BUILDING, APOLLO BUNDER, MUMBAI- 400001 PAN AAACM3774E APPELLANT RESPONDENT APPELLANT BY SHRI SUMAN KUMAR(DR) RESPONDENT BY SHRI PRASAD BAPAT (AR) DATE OF HEARING 08.03.2017 DATE OF ORDER 09.03.2017 O R D E R PER ASHWANI TANEJA, AM:- THIS APPEAL HAS BEEN FILED BY THE REVENUE AGAINST THE ORDER OF LD. COMMISSIONER OF INCOME-TAX (APPEALS)-5 [HEREINAFTER CALLED CIT(A)] DATED 27.12.2013 PASSED AGAINST THE PENALTY ORDER DATED 2 4.08.2012 U/S 271(1)(C) FOR ASSESSMENT YEAR 2008-09. 2 MAHINDRA TELE I.T.A.NO. 1646/MUM/2014 2. DURING THE COURSE OF HEARING, BOTH THE PARTIE S JOINTLY STATED THAT THIS APPEAL FILED BY THE REVENUE INVOLVES PENALTY OF RS. 5,84,843/- AND SINCE THE TAX EFFECT IN THIS CASE IS LESS THAN RS. 10,00,000/-, T HEREFORE THE PRESENT APPEAL IS NOT MAINTAINABLE IN VIEW OF CIRCULAR OF THE CENTRAL BOARD OF DIRECT TAXES [HEREINAFTER CALLED CBDT] NO21 OF 2015, DATED 10.1 2.2015. 3 . WE HAVE GONE THROUGH THE FACTS OF THE CASE AN D FIND THAT THE TAX EFFECT IN THIS CASE IS LESS THAN RS. 10,00,000/-, THEREFORE T HE PRESENT APPEAL IS NOT MAINTAINABLE AND DISMISSED, AS SUCH. 4. OUR APPEAL SHALL HAVE NO BEARING ON THE MERITS OF THE ISSUES RAISED IN THIS APPEAL. 5 . AS A RESULT APPEAL OF THE REVENUE IS DISMISSED . ORDER WAS PRONOUNCED IN THE OPEN COURT AT THE CONCL USION OF HEARING. SD/- SD/- (MAHAVIR SINGH) (ASHWANI TANEJA) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI, DT : 09.03.2017 KT/- COPY TO : 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT(A) 4. THE CIT 5. THE LD. DEPARTMENTAL REPRESENTATIVE FOR THE REVENUE , B, BENCH (TRUE COPY) BY ORDER ASSTT.REGISTRAR, ITAT, MUMBAI BENCHES