DCIT, Gurgaon V. M/s. Pay U Payments India Pvt. Ltd., Gurgaon

ITA 2020/DEL/2016

• Counselvise Citation: [2019] 118 COUNSELVISE.COM (IT) 3025 (ITAT-DELHI)
• Duration Of Justice: 2 year(s) 10 month(s) 14 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 27-02-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2010-2011
• Appeal Filed On: 13-04-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ASHIMA NEB
• Assessee Lawyers: AMAN KUMAR SHRI ANAND BANSAL
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL , DELHI BENCH B , NEW DELHI BEFORE S H RI N. K. BILLAIYA , ACCOUNTANT MEMBER , AND MS . SUCHITRA KAMBLE , JUDICIAL MEMBER ITA NO. 2020 /DEL/201 6 ASSESSMENT YEAR: 20 1 0 - 1 1 THE D.C . I . T . VS. CIRCLE - 3 GURGAON PAY U PAYMENTS INDIA P. LTD [ PREVIOUSLY KNOWN AS IBIBO WEB PVT LTD, 4 TH FLOOR PEARL TOWER, PLOT NO. 51, SECTOR 32, GURGAON PAN NO. AAJCS 9091 D (APPELLANT) (RESPONDENT) APPELLANT BY : MS. ASHIMA NEB, SR. DR RESPONDENT BY : SHRI AMAN KUMAR, SHRI ANAND BANSAL, CA DATE OF HEARING: 26 / 0 2 /2 0 1 9 DATE OF PRONOUNCEMENT: 27 / 0 2 /201 9 ORDER PER N. K. BILLAIYA , A CCOUNTANT M EMBER : TH IS APPEAL BY THE REVENUE IS PREFERRED AGAINST THE ORDER OF THE LD. CIT(A) 1, GURGAON DATED 1 0 .0 2 .20 1 6 PERTAINING TO A.Y 20 1 0 - 1 1 . 2 2. THE SOLE GRIEVANCE OF THE REVENUE IS THAT THE CIT(A) ERRED IN DELETING THE ADDITION AMOUNTING T O RS. 52 .6 2 LAKHS. 3. THE GRIEVANCE OF THE REVENUE ITSELF SHOWS THAT THE TAX EFFECT IS LESS THAN RS. 20 LAKHS. THIS APPEAL BY THE REVENUE HAS TO BE DISMISSED IN THE LIGHT OF THE CBDT CIRCULAR NO. 3/2018 DATED 11.07.2018 BY WHICH THE BOARD HAS REVISED THE MONETARY LIMIT FOR FILING OF APPEALS BY THE DEPARTMENT BEFORE THE ITAT AND THE MONETARY LIMIT HAS BEEN FIXED AT RS. 20 LAKHS. THE BOARD AT CLAUSE 13 OF THE SAID CIRCULAR HAS CLARIFIED AS UNDER: THIS CIRCULAR WILL APPLY TO SLPS/APPEALS/CROSS OBJECTIONS/R EFERENCES TO BE FILED HENCEFORTH IN SUPREME COURT/HIGH COURT/TRIBUNAL AND IT SHALL ALSO APPLY RETROSPECTIVELY TO PENDING SLPS/APPEALS/CROSS OBJECTIONS/ REFERENCES. THE PENDING APPEALS BELOW THE SPECIFIED TAX LIMIT IN PARA 3 ABOVE MAY BE WITHDRAWN/NOT PRES SED. 4. IN THE LIGHT OF THE AFORESAID CBDT CIRCULAR, THE APPEAL FILED BY THE REVENUE IS DISMISSED. 3 5 . IN THE RESULT, THE APPEAL OF THE REVENUE IN ITA NO. 2020 /DEL/2016 IS DISMISSED. ORDER PRONOU NCED IN THE OPEN COURT ON 27 .02.2019. SD/ - SD/ - ( SUCHITRA KAMBLE ) ( N. K. BILLAIYA ) JUDICIAL MEMBER A CCOUNTANT M EMBER DATE: 27 . 0 2 .201 9 VL COPY FORWARDED TO: 1 . APPELLANT 2 . RESPONDENT 3 . CIT 4 . CIT(APPEALS) 5 . DR, ITAT ASSISTANT REGISTRAR ITAT , NEW DELHI 4 DATE OF DICTATION DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE OTHER MEMBER DATE ON W HICH THE APPROVED DRAFT COMES TO THE SR.PS/PS DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE DICTATING MEMBER FOR PRONOUNCEMENT DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR. PS/ PS DATE ON WHICH THE FINAL ORDER IS UPLOADED ON THE WEBSITE OF ITAT 11.01.2019 DATE ON WHICH THE FILE GOES TO THE BENCH CLERK DATE ON WHICH FILE GOES TO THE HEAD CLERK. THE DATE ON WHICH FILE GOES TO THE ASSISTANT REGISTRAR FOR SIGNATURE ON THE ORDER DATE OF DISPATCH OF THE ORDER