Asst.C.I.T., Bangalore V. M/s Airbus Group India Pvt. Ltd., Bangalore

ITA 219/BANG/2016

• Counselvise Citation: [2020] 111 COUNSELVISE.COM (IT) 6694 (ITAT-BANGALORE)
• Duration Of Justice: 3 year(s) 11 month(s) 17 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 06-02-2020
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Next Hearing Date: 06-02-2020
• Assessment Year: 2011-2012
• Appeal Filed On: 19-02-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: VILAS V SHINDE
• Assessee Lawyers: ALIASGAR RAMPURWALE
• Keywords: Tax effect
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH : BANGALORE BEFORE SHRI B.R BASKARAN, ACCOUNTANT MEMBER AND SHRI PAVAN KUMAR GADALE, JUDICIAL MEMBER IT(TP)A NO.219/BANG/2016 ASSESSMENT YEAR : 2011-12 THE ASST. COMMISSIONER OF INCOME-TAX, CIRCLE-1(1)(1), BANGALORE. VS. M/S AIRBUS GROUP INDIA PVT. LTD., (EARLIER KNOWN AS EADS DS INDIA PVT. LTD.), RMZ INFINITY TOWERS, TOWER-B, 8 TH FLOOR, OLD MADRAS ROAD, BANGALORE-560 015. PAN AACCE 1124 A APPELLANT RESPONDENT CO NO.60/BANG/2017 ASSESSMENT YEAR : 2011-12 M/S AIRBUS GROUP INDIA PVT. LTD., (EARLIER KNOWN AS EADS DS INDIA PVT. LTD.), RMZ INFINITY TOWERS, TOWER-B, 8 TH FLOOR, OLD MADRAS ROAD, BANGALORE-560 015. PAN AACCE 1124 A VS. THE ASST. COMMISSIONER OF INCOME-TAX, CIRCLE-1(1)(1), BANGALORE. APPELLANT RESPONDENT APPELLANT BY : SHRI VILAS V SHINDE, CIT (DR) RESPONDENT BY : SHRI ALIASGAR RAMPURWALE, C.A DATE OF HEARING : 06.02.2020 DATE OF PRONOUNCEMENT : 06.02.2020 O R D E R IT(TP)A NO.219 /BANG/2016 CO NO.60/BANG/2017 PAGE 2 OF 4 PER BENCH : THE APPEAL OF THE REVENUE AND THE CROSS-OBJECTIONS FILED BY THE ASSESSEE ARE DIRECTED AGAINST THE ORDER PASSED BY THE AO FOR THE ASST. YEAR 2011-12 U/S 143(3) R.W.S 144(13) OF THE ACT IN PURSUANCE OF DIRECTIONS ISSUED BY LD DRP. 2. AT THE TIME OF HEARING THE LD AR SUBMITTED THAT THE TAX EFFECT INVOLVED IN THE ISSUES URGED BY THE REVENUE IS LESS THAN 50 LAKHS. 3. ACCORDINGLY IT WAS SUBMITTED THAT THE REVENUE IS PRECLUDED FROM PURSUING THIS APPEAL AS PER CIRCULAR NO.17/201 9 DATED 8/8/2019 ISSUED BY CENTRAL BOARD OF DIRECT TAXES, W HICH HAS BEEN CLARIFIED BY CBDT AS APPLICABLE TO ALL PENDING APPE ALS, VIDE ITS INSTRUCTION DATED 20/8/2019. ACCORDINGLY, THE LD A .RS SUBMITTED THAT THIS APPEAL IS REQUIRED TO BE DISMISSED IN LIM INE. 4. THE LD D.R, IN PRINCIPLE, AGREED WITH THE SUB MISSIONS MADE BY LD A.R. HOWEVER, HE SUBMITTED THAT THE REVENUE MAY BE GIVEN LIBERTY TO FILE MISCELLANEOUS APPLICATION TO RECALL THE ORDER, IF THE PRESENT APPEAL OF THE REVENUE IS NOT COVERED BY THE CIRCULAR REFERRED ABOVE. 5. SINCE IT IS STATED THAT THE APPEAL OF REVENU E SHALL BE HIT BY THE MONETARY LIMITS PRESCRIBED BY THE CBDT IN ITS CIRCU LAR, REFERRED ABOVE, FOR PREFERRING APPEALS BEFORE THE TRIBUNAL, WE DISMISS THE APPEAL OF THE REVENUE IN LIMINE. HOWEVER LIBERTY IS GIVEN TO THE REVENUE TO MOVE APPLICATION FOR RECALL OF THE ORDER , IF IT IS FOUND THAT THE TAX EFFECT INVOLVED ON THE ISSUES DISPUTED IN THE APPEAL IS MORE THAN 50 LAKHS OR IF IT IS FOUND THAT THE ISSUE S CONTESTED IT(TP)A NO.219 /BANG/2016 CO NO.60/BANG/2017 PAGE 3 OF 4 THEREIN FALL IN THE CATEGORY OF EXCEPTIONS PRESCRI BED BY THE CBDT CIRCULAR. 6. THE LD AR FURTHER SUBMITTED THAT THE ASSESSEE I S NOT PRESSING THE CROSS-OBJECTIONS FILED BY IT AND HE MADE NECESS ARY ENDORSEMENT IN THE GROUNDS OF APPEAL FILED IN THE CROSS OBJECTI ON. ACCORDINGLY THE APPEAL OF THE ASSESSEE IS DISMISSED AS NOT PRES SED. 7. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISM ISSED IN LIMINE AND THE CROSS-OBJECTION OF THE ASSESSEE IS DISMISSE D AS NOT PRESSED. ORDER PRONOUNCED IN THE OPEN COURT ON 6 TH FEBRUARY, 2020. SD/ - (PAVAN KUMAR GADALE) JUDICIAL MEMBER SD/ - (B.R BASKARAN) ACCOUNTANT MEMBER BANGALORE, DATED, THE 6 TH FEBRUARY, 2020. /VMS/ COPY TO: 1. APPELLANT (S) / CROSS OBJECTOR(S) 2. RESPONDENT(S) 3. CIT 4. CIT(A) 5. DR, ITAT, BANGALORE. 6. GUARD FILE BY ORDER ASST. REGISTRAR ITAT, BANGALORE IT(TP)A NO.219 /BANG/2016 CO NO.60/BANG/2017 PAGE 4 OF 4 1. DATE OF DICTATION 2. DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER . 3. DATE ON WHICH THE APPROVED DRAFT COMES TO SR.P.S .. 4. DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE DICTATING MEMBER .. 5. DATE ON WHICH THE FAIR ORDER COMES BACK TO THE S R. P.S. .. 6. DATE OF UPLOADING THE ORDER ON WEBSITE.. 7. IF NOT UPLOADED, FURNISH THE REASON FOR DOING SO .. 8. DATE ON WHICH THE FILE GOES TO THE BENCH CLERK .. 9. DICTATION NOTE ENCLOSED DATE ON WHICH ORDER GOES FOR XEROX & ENDORSEMENT 10. DATE ON WHICH THE FILE GOES TO THE HEAD CLERK . 11. THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT REGISTRAR FOR SIGNATURE ON THE ORDER . 12. THE DATE ON WHICH THE FILE GOES TO DISPATCH SEC TION FOR DISPATCH OF THE TRIBUNAL ORDER . 13. DATE OF DESPATCH OF ORDER. . 14. DICTATION NOTE ENCLOSED