THE DCIT, Visakhapatnam V. M/s Miracle Software Sysrem (I) Pvt. Ltd., Visakhapatnam

ITA 18/VIZ/2015

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 2609 (ITAT-VISAKHAPATNAM)
• Duration Of Justice: 6 year(s) 5 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 24-06-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2008-2009
• Appeal Filed On: 09-01-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SUMAN MALIK
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL VISAKHAPATNAM BENCH, VISAKHAPATNAM (T HROUGH WEB - BASED VIDEO CONFERENCING PLATFORM) BEFORE SHRI N.K. CHOUDHRY, HONBLE JUDICIAL MEMBER & SHRI D.S. SUNDER SINGH, HON'BLE ACCOUNTANT MEMBER I.T.A. NO. 18/VIZ/2015 (ASST. YEAR : 20 08 - 09 ) DCIT, CIRCLE - 3(1), VISAKHAPATNAM. VS. M/S. MIRACLE SOFTWARE SYSTEMS (I) PVT. LTD., MIG - 49, LAWSONS BAY COLONY, VISAKHAPATNAM. (APPELLANT) PAN NO. AABCM 4988 R (RESPONDENT) ASSESSEE BY : SHRI I.KAMA SASTRY , C A. DEPARTMENT BY : SMT.SUMAN MALIK, SR. DR DATE OF HEARING : 24 / 06 /2021 . DATE OF PRONOUNCEMENT : 24 / 0 6 /2021 . O R D E R PER BENCH THIS APPEAL HAS BEEN PREFERRED BY THE REVENUE DEPARTMENT AGAINST THE ORDER DATED 30/10/2014 IMPUGNED HEREIN PASSED BY THE LD.COMMISSIONER OF INCOME TAX (APPEALS) [FOR SHORT , LD. COMMISSIONER] , VISAKHAPATNAM U/SEC. 250(6) OF THE INCOME TAX ACT, 1961 (HEREINAFTER REFERRED TO AS 'ACT') FOR THE A.Y. 20 08 - 09 . 2 ITA NO. 1 8 / VIZ /2015 ( M/S. MIRACLE SOFTWARE SYSTEMS (I) PVT. LTD. ) 2. AT THE OUTSET IT IS OBSERVED THAT TA X EFFECT INVOLVED IN THE APPEAL UNDER CONSIDERATION IS NEITHER MORE THAN RS. 50 LACS NOR THE CASE I S BASED UPON ANY OF THE EXCEPTIONS PRESCRIBED IN CBDT CIRCULAR NO.17/2019, DATED 08.08.2019 READ WITH CIRCULAR NO.03/2018, WHEREBY THE REVENUE DEPARTMENT IS PRECLUDED FROM FILING THE APPEAL BEFORE APPELLATE TRIBUNAL AGAINST THE ORDER OF LD. COMMISS IONER , IN WHICH THE TAX EFFECT DOES NOT EXCEED RS. 50,00,000/ - AS SPECIFIED IN THE CIRCULAR AND THE CBDT CLARIFICATION DATED 20 TH AUGUST 2019 WHEREBY IT IS CLARIFIED THAT REVISED MONETARY LIMITS SO MENTIONED IN THE CIRCULAR 17/2019 IS APPLICABLE TO ALL PENDING SLPS/APPEALS/ CROSS OBJECTIONS/ REFERENCES. HENCE THE INSTANT APPEAL DESERVES DISMISSAL AS W ITHDRAWN BEING NOT MAINTAINABLE . 3. IN THE RESULT, THE APPEAL FILED BY THE REVENUE DEPARTMENT STANDS DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN OPEN COURT ON TH IS 24 TH DAY OF JUNE , 2021 . S D / - S D / - (D.S. SUNDER SINGH) ( N.K. CHOUDHRY ) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED : 24 TH JUNE , 20 2 1 . VR/ - 3 ITA NO. 1 8 / VIZ /2015 ( M/S. MIRACLE SOFTWARE SYSTEMS (I) PVT. LTD. ) COPY TO: 1. THE ASSESSEE - M/S. MIRACLE SOFTWARE SYSTEMS (I) PVT. LTD., MIG - 49, LAWSONS BAY COLONY, VISAKHAPATNAM. 2. THE REVENUE DCIT, CIRCLE - 3(1), VISAKHAPATNAM. 3. THE CIT - 1 , VISAKHAPATNAM. 4. THE CIT(A) , VISAKHAPATNAM. 5. THE D.R . , VISAKHAPATNAM . 6. GUARD FILE. BY ORDER (VUKKEM RAMBABU) SR. PRIVATE SECRETARY, ITAT, VISAKHAPATNAM.