DCIT, New Delhi V. M/s. Adidas Technical Services Pvt. Ltd., New Delhi

ITA 1675/DEL/2015

• Counselvise Citation: [2018] 124 COUNSELVISE.COM (IT) 7292 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 6 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 01-10-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: I
• Assessment Year: 2010-2011
• Appeal Filed On: 24-03-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect
• Section: 143(3); 2

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCHES I-1 : DELHI BEFORE SHRI BHAVNESH SAINI, JUDICIAL MEMBER AND SHRI L.P. SAHU, ACCOUNTANT MEMBER ITA.NO.1675/DEL./2015 ASSESSMENT YEAR 2010-2011 THE DCIT, CIRCLE-1(2), ROOM NO.392, C.R. BLDG., I.P. ESTATE, NEW DELHI 110002. VS M/S. ADIDAS TECHNICAL SERVICES PVT. LTD., OFFICE NO.6, 2 ND FLOOR, SECTOR-B, POCKET-7, PLOT NO.11, VASANT KUNJ, NEW DELHI. PAN AAACR0240C (APPELLANT) (RESPONDENT) FOR REVENUE : MS. PRINCY SINGLA, SR. D.R. FOR ASSESSEE : SHRI NAGESWAR RAO, ADVOCATE DATE OF HEARING : 26.09.2018 DATE OF PRONOUNCEMENT : 01.10.2018 ORDER PER BHAVNESH SAINI, J.M. THIS APPEAL BY REVENUE HAS BEEN DIRECTED AGAINST THE ASSESSMENT ORDER DATED 27.01.2015 PASSED BY DCIT, CIRCLE-1(2), NEW DELHI, UNDER SECTION 143(3) R.W.S. 144C OF THE I.T. ACT, 1961, PURSUANT TO THE ORDER OF THE DISPUTES 2 ITA.NO.1675/DEL./2015 M/S. ADIDAS TECHNICAL SERVICES PVT. LTD., NEW DELHI. RESOLUTION PANEL-1, NEW DELHI, DATED 27.11.2014 ON THE FOLLOWING GROUND : WHETHER ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE, THE LD.DRP HAS ERRED IN DIRECTING TO EXCLUDE CRYSTAL HUES AND QUADRANT COMMUNICATIONS LTD. FROM THE LIST OF COMPARABLES. 2. LEARNED COUNSEL FOR THE ASSESSEE FILED A CHART EXPLAINING THEREIN THE MARGIN OF ASSESSEE AS PER T.P. ORDER GIVING EFFECT TO DRP DIRECTION AND WITHOUT PREJUDICE TO THE MERITS OF SUBMISSION AGAINST INCLUSION OF TWO COMPARABLES, AS PRAYED FOR IN THE DEPARTMENTAL APPEAL, AS THE SAME HAVE BEEN DIRECTED BY LD. DRP TO BE EXCLUDED FOR VALID REASONS SET-OUT IN DETAIL IN THE ORDER, ASSESSEE SUBMITTED THAT NO ADJUSTMENT WOULD RESULT TO RETURN OF INCOME. THEREFORE, THE DEPARTMENTAL APPEAL IS LIABLE TO BE DISMISSED FOR MONETARY LIMIT BEING LOWER THAN THE PRESCRIBED BY CBDT VIDE CIRCULAR NO.3 OF 2018 DATED 11.07.2018. COPY OF THE SAME IS PROVIDED TO THE LD. D.R. THE LD. D.R. SUBMITTED THAT TAX EFFECT IN THE DEPARTMENTAL APPEAL 3 ITA.NO.1675/DEL./2015 M/S. ADIDAS TECHNICAL SERVICES PVT. LTD., NEW DELHI. IS BELOW RS.20 LAKHS. IT IS ALSO DIRECTED THAT THIS INSTRUCTION WILL APPLY RETROSPECTIVELY TO THE PENDING APPEALS AND APPEALS TO BE FILED HENCEFORTH IN THE TRIBUNAL. PENDING APPEALS BELOW THE SPECIFIED TAX EFFECT MAY BE WITHDRAWN/NOT PRESSED. LEARNED SR. D.R. IN VIEW OF THE ABOVE BOARD CIRCULAR DID NOT PRESS THE ABOVE DEPARTMENTAL APPEAL. WE MAY ALSO NOTE THAT THE APPEAL OF THE DEPARTMENT ABOVE WOULD NOT FALL WITHIN THE EXCEPTIONS PROVIDED IN THE BOARD CIRCULAR. IN THE RESULT, THE DEPARTMENTAL APPEAL IS NOT MAINTAINABLE AS HAVE BEEN FILED AGAINST THE INSTRUCTION OF THE BOARD. THE DEPARTMENTAL APPEAL IS DISMISSED AS WITHDRAWN/ NOT PRESSED BY THE LEARNED SR. D.R. 3. IN THE RESULT, DEPARTMENTAL APPEAL IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT. SD/- SD/- (L.P. SAHU) (BHAVNESH SAINI) ACCOUNTANT MEMBER JUDICIAL MEMBER DELHI, DATED 01 ST OCTOBER, 2018 VBP/- 4 ITA.NO.1675/DEL./2015 M/S. ADIDAS TECHNICAL SERVICES PVT. LTD., NEW DELHI. COPY TO 1. THE APPELLANT 2. THE RESPONDENT 3. CIT(A) CONCERNED 4. CIT CONCERNED 5. D.R. ITAT I - 1 BENCH 6. GUARD FILE // BY ORDER // ASST. REGISTRAR : ITAT DELHI BENCHES : DELHI.