DCIT, New Delhi V. M/s. Outokumpu India Pvt. Ltd., New Delhi

ITA 183/DEL/2015

• Counselvise Citation: [2018] 124 COUNSELVISE.COM (IT) 5919 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 8 month(s) 24 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 03-10-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: E
• Assessment Year: 2009-2010
• Appeal Filed On: 09-01-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ANCHAL KHANDELWAL
• Keywords: Transfer pricing; Tax effect
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH: I-2 NEW DELHI BEFORE SHRI BHAVNESH SAINI, JUDICIAL MEMBE R & SHRI L.P. SAHU, ACCOUNTANT MEMBER ITA NO. 183/DEL/2015 ( ASSESSMENT YEAR: 2009-10) DCIT, CIRCLE-19(1), NEW DELHI. VS QUTOKUMPU INDIA PVT. LTD. 801-802, HEMKUNT TOWER, NEHRU PLACE, NEW DELHI. AAACO8683Q APPELLANT RESPONDENT REVENUE BY MS. ANCHAL KHANDELWAL, SR. DR ASSESSEE BY NONE ORDER PER SHRI BHAVNESH SAINI, J.M. THIS APPEAL BY REVENUE HAS BEEN DIRECTED AGAINST T HE ORDER OF LD.CIT(APPEALS)-XX, NEW DELHI DATED 27.10.2014 F OR AY 2009- 10, CHALLENGING THE ORDER OF LD. CIT(A) IN DELETING THE ADDITION OF RS. 44,58,789/- MADE BY THE AO AS PROPOSED BY THE T PO ON ACCOUNT OF TRANSFER PRICING ISSUE I.E. COMPARABLE C OMPANIES. DATE OF HEARING 01.10.2018 DATE OF PRONOUNCEMENT 03.10.2018 2 ITA NO. 183/DEL/2015 2. IN THIS CASE, AO MADE THE ADDITION OF RS. 44,58, 789/- IN THE ASSESSMENT ORDER U/S 143(3) OF THE I.T. ACT. THE A SSESSEE FILED AN APPLICATION STATING THEREIN THAT THE TAX EFFECT IN THE DEPARTMENTAL APPEAL DOES NOT EXISTS MONETARY LIMIT OF RS. 20 LAK HS. THEREFORE, AS PER CIRCULAR NO. 3/2018 DATED 11.07.2018 THE DEP ARTMENTAL APPEAL MAY BE DISMISSED OR NOT PRESSED BY THE DEPAR TMENT. LD. DR DID NOT DISPUTE THE SAME. 3. ADMITTEDLY, THE TAX EFFECT IN THE PRESENT APPEAL IS LESS THAN RS. 20 LAKHS. VIDE CIRCULAR NO. 3/2018 DATED 11.07 .2018 ISSUED BY CBDT U/S 268A OF I.T. ACT, IT HAS BEEN DIRECTED THAT THE DEPARTMENT SHALL NOT FILE APPEAL BEFORE THE TRIBUNA L IN CASE WHERE THE TAX EFFECT DOES NOT EXCEED THE MONETARY LIMIT O F RS. 20 LAKHS. IT IS ALSO DIRECTED THAT THIS INSTRUCTION WILL APPL Y RETROSPECTIVELY TO PENDING APPEALS AND APPEALS TO BE FILED HENCEFORTH IN TRIBUNALS. PENDING APPEALS BELOW THE SPECIFIED TAX LIMIT MAY B E WITHDRAWN/NOT PRESSED. THE LD. DR IN VIEW OF THE B OARDS CIRCULAR ABOVE DID NOT PRESS THE DEPARTMENTAL APPEA L. THE CASE OF THE DEPARTMENT WOULD NOT FALL IN THE EXCEPTIONS PRO VIDED IN THE ABOVE BOARD CIRCULAR. IN THE RESULT, THE DEPARTMEN TAL APPEAL IS 3 ITA NO. 183/DEL/2015 NOT MAINTAINABLE AS THE APPEAL IS FILED AGAINST THE BOARD INSTRUCTIONS REFERRED TO ABOVE AND, THEREFORE, THE APPEAL OF THE DEPARTMENT IS LIABLE TO BE DISMISSED. 4. IN THE RESULT, THE APPEAL OF THE DEPARTMENT IS D ISMISSED. ORDER PRONOUNCED IN THE OPEN COURT. SD/- SD/- (L.P. SAHU) (BHAVNESH SAINI) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 03.10.2018 *KAVITA ARORA COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT TRUE COPY ASSISTANT REGISTRAR ITAT NEW DELHI 4 ITA NO. 183/DEL/2015 DATE OF DICTATION 01.10.2018 DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER 03.10.2018 DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE OTHER MEMBER DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR. P S/PS DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE D ICTATING MEMBER FOR PRONOUNCEMENT DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR. PS/PS 03.10.18 DATE ON WHICH THE FINAL ORDER IS UPLOADED ON THE WE BSITE OF ITAT 03.10.18 DATE ON WHICH THE FILE GOES TO THE BENCH CLERK 03.1 0.18 DATE ON WHICH THE FILE GOES TO THE HEAD CLERK THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT RE GISTRAR FOR SIGNATURE ON THE ORDER DATE OF DISPATCH OF THE ORDER