ITO 13(1)(4), MUMBAI V. PUBMATIC (I) P.LTD, MUMBAI

ITA 215/MUM/2015

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 3698 (ITAT-MUMBAI)
• Duration Of Justice: 3 year(s) 6 month(s) 30 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 08-08-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: K
• Assessment Year: 2010-2011
• Appeal Filed On: 09-01-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: JAYANT KUMAR
• Assessee Lawyers: SHRADDHA SWARUP
• Keywords: Tax effect
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL K BENCH, MUMBAI BEFORE S/ SHRI B.R.BASKARAN (AM) & AMARJIT SINGH (JM) I.T.A. NO. 215 /MUM /20 1 5 (ASSESSMENT YEAR 20 1 0 - 11 ) ITO 13(1)(4) ROOM NO. 261 2 ND FLOOR AAYAKAR BHAVAN M.K. ROAD MUMBAI - 400 020. VS. M/S. PUBM ATIC(I) PVT. LTD. 201, CRYSTAL PLAZA 158 - CST ROAD KALINA, SANTACRUZ(E) MUMBAI - 400 09 8. ( APPELLANT ) ( RESPONDENT ) C.O. NO. 39/MUM/2015 (ASSESSMENT YEAR 2010 - 11) M/S. PUBMATIC INDIA PRIVATE LIMITED 6 TH FLOOR, AMAR PARADIGM, SURVEY NO. 110, NEAR D - MART BA NER ROAD, PUNE PIN 411045. VS. ITO 13(1)(4) ROOM NO. 261 2 ND FLOOR AAYAKAR BHAVAN M.K. ROAD MUMBAI - 400 020. PAN : AADVKOO24A ASSESSEE BY MS. SHRADDHA SWARUP DEPARTMENT BY SHRI JAYANT KUMAR DATE OF HEARING 8 . 8 . 201 8 DATE OF PRONOUNCEMENT 8 . 8 . 201 8 O R D E R PER B.R. BASKARAN (A M) : - THE APPEAL FILED BY THE REVENUE IS DIRECTED AGAINST THE ORDER DATED 13.11.2014 PASSED BY THE ASSESSING OFFICER FOR A.Y. 2010 - 11 U/S. 143(3) READ WITH SECTION 144C(5) OF THE ACT , PURSUANT TO DIRECTION GI VEN BY DISPUTE RESOLUTION PANEL (DRP). 2. THE REVENUE IS AGGRIEVED BY THE DECISION OF DRP IN HOLDING THAT THE ASSESSEE WOULD QUALIFY FOR GRANT OF BENEFIT OF PLUS/MINUS 5% MARGIN AS PER M/S. PUBMATIC INDIA PRIVATE LIMITED 2 PROVISO TO SECTION 92C(2) OF THE ACT AND THEREBY THE ADDITION OF RS . 5 7.88 LAKHS IS LIABLE TO BE DELETED. 3. AT THE TIME OF HEARING, LEARNED AR APPEARING FOR THE ASSESSEE SUBMITTED THAT THE QUANTUM IN DISPUTE IS ` 57.88 LAKHS AND THE TAX PAYABLE THEREON WORKS OUT TO ` 17.88 LAKHS ONLY. THE LEARNED AR SUBMITTED THAT THE REVE NUE IS PRECLUDED FROM PURSUING THIS APPEAL AS PER CIRCULAR NO. 3/2018 DATED 11.7.2018 ISSUED BY CBDT , AS THE TAX EFFECT INVOLVED IN THIS APPEAL IS LESS THAN ` 20 LAKHS. 4. WITH REGARD TO THE CROSS OBJECTION FILED BY THE ASSESSEE, LEARNED AR SUBMITTED THA T S HE IS NOT PRESSING THE SAME. 5. WE HEARD LEARNED D R AND PERUSED THE RECORD. THE T AX EFFECT INVOLVED IN THIS APPEAL IS LESS THAN ` 20 LAKHS AND THE LEARNED DR COULD NOT POINT OUT FROM THE AVAILABLE MATERIAL THAT THE ISSUE CONTESTED IN THIS APPEAL FA LLS IN ANY OF THE EXCEPTION PROVIDED IN PARAGRAPH 10 OF THIS CIRCULAR. HENCE THE REVENUE IS PRECLUDED FROM PURSUING THIS APPEAL AS PER CIRCULAR ISSUED BY CBDT (REFERRED SUPRA). ACCORDINGLY, WE DISMISS THIS APPEAL IN LIMINE. HOWEVER, THE REVENUE IS GIVEN LI BERTY TO MOVE MISCELLANEOUS APPLICATION SEEKING RECALL OF THIS ORDER, IF IT IS FOUND THAT THE ISSUE CONTESTED IN THIS APPEAL FALLS IN ANY OF THE EXCEPTION PROVIDED IN PARAGRAPH 10 OF THE CIRCULAR. 6. SINCE, ASSESSEE DID NOT PRESS THE CROSS OBJECTION, THE SAME DOES NOT REQUIRE ADJUDICATION. 7. IN THE RESULT, APPEAL FILED BY THE REVENUE AND THE CROSS OBJECTION FILED BY THE ASSESSEE ARE DISMISSED. ORDER HAS BE E N PRONOUNCED IN THE COURT ON 8 . 8 .201 8 . SD/ - SD/ - (AMARJIT SINGH ) ( B.R. BASKARAN ) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI ; DATED : 8 / 8 / 20 1 8 M/S. PUBMATIC INDIA PRIVATE LIMITED 3 COPY OF THE ORDER FORWARDED TO : 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT(A) 4. CIT 5. DR, ITAT, MUMBAI 6. GUARD FILE. BY ORDER, //TRUE COPY// ( SENIOR PRIVATE SECRETARY ) PS ITAT, MUMBAI