DCIT - 3(3)(2), MUMBAI V. VIDEOCON TELECOMMUNICATION LTD. (FORMERLY KNOWN AS DATACOM SOLUTIONS LTD.), MUMBAI

ITA 2874/MUM/2018

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 5347 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 17 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 24-05-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: F
• Assessment Year: 2012-2013
• Appeal Filed On: 07-05-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: CHAUDHARY ARUN KUMAR SINGH
• Assessee Lawyers: MAYANK CHAUHAN
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL F BENCH, MUMBAI BEFORE SHRI SAKTIJIT DEY , JUDICIAL MEMBER AND SHRI MANOJ KUMAR AGGARWAL, ACCOUNTANT MEMBER ITA NO. 2874/MUM./2018 ( ASSESSMENT YEAR : 2012 13 ) DY. COMMISSIONER OF INCOME TAX CIRCLE 3(3)(2), MUMBAI . APPELLANT V/S VIDEOCON TELECOMMUNICATION LTD. (FORMERLY KNOWN AS DATACOM SOLUTIONS LTD.), 171 C, 17 TH FLOOR, C WING MITTAL COURT, NARIMAN POINT MUMBAI 400 021 PAN AACCD6756F . RESPONDENT REVENUE BY : SHRI CHAUDHARY ARUNKUMAR SINGH ASSESSEE BY : SHRI MAYANK CHAUHAN DATE OF HEARING 15.05.2019 DATE OF ORDER 24.05.2019 O R D E R PER SAKTIJIT DEY. J.M. THE AFORESAID APPEAL HAS BEEN FILED BY THE REVENUE CHALLENGING THE ORDER DATED 15 TH MARCH 2018, PASSED BY THE L EARNED COMMISSIONER (APPEALS) 8 , MUMBAI, PERTAINING TO THE ASSESSMENT YEAR 20 1 2 1 3 . 2 . AT THE OUTSET, LEARNED AUTHORISED REPRESENTATIVE SUBMITTED THAT THE TAX EFFECT ON THE DISPUTED ADDITIONS / DISALLOWANCES , WHICH ARE THE 2 VIDEOCON TELECOMMUNICATION LTD. SUBJECT MATTER OF THE PRESENT APPEAL , IS BELOW THE MONETARY LIMIT OF ` 20 LAKH. IN THIS REGARD, LEARNED AUTHORISED REPRESENTATIVE SUBMITTED THE WORKING OF THE TAX EFFECT ON THE AMOUNT DISPUTED BY THE REVENUE IN THE PRESENT APPEAL. 3 . THE LEARNED DEPARTMENTAL REPRESENTATIVE FAIRLY AGREED THAT THE TAX EFFECT ON THE ISSUE S DISPUTED IN THE PRESENT APPEAL IS BELOW THE MONETARY LIMIT OF ` 20 LAKH. 4 . WE HAVE CONSIDERED RIVAL SUBMISSIONS AND PERUSED THE MATERIAL ON RECORD. AS COULD BE SEEN FROM THE GROUNDS RAISED BY TH E REVENUE, IT HAS CHALLENGED THE DECISION OF LEARNED COMMISSIONER (APPEALS) IN RESPECT OF DELETION OF THREE ADDITIONS MADE BY THE ASSESSING OFFICER AGGREGATING TO ` 51,89,911. AS PER THE WORKING OF TAX EFFECT FILED BEFORE US BY THE LEARNED AUTHORISED REPRE SENTATIVE , THE TOTAL TAX EFFECT ON THE AFORESAID ADDITION S / DISALLOWANCE S DISPUTED IN THE PRESENT APPEAL WORKS OUT TO ` 16,03,682. THUS, THE TAX EFFECT ON THE DISPUTE D ISSUE S ARISING IN THE PRESENT APPEAL IS LESS THAN THE MONETARY LIMIT OF ` 20 LAKH FIXED B Y THE CBDT CIRCULAR NO.3/2018, DATED. 11.07.2018 . IN VIEW OF THE AFORESAID, THE CAPTIONED APPEAL OF THE REVENUE IS NOT MAINTAINABLE , HENCE, LIABLE TO BE DISMISSED. 3 VIDEOCON TELECOMMUNICATION LTD. 5 . IN THE RESULT, REVENUES APPEAL IS DISMISSED. ORDER PRONOUNCED IN THE OPEN C OURT ON 24.05.2019 SD/ - MANOJ KUMAR AGGARWAL ACCOUNTANT MEMBER SD/ - SAKTIJIT DEY JUDICIAL MEMBER MUMBAI, DATED: 24.05.2019 COPY OF THE ORDER FORWARDED TO : ( 1 ) THE ASSESSEE; ( 2 ) THE REVENUE; ( 3 ) THE CIT(A); ( 4 ) THE CIT, MUMBAI CITY CONCERNED; ( 5 ) THE DR, ITAT, MUMBAI; ( 6 ) GUARD FILE . TRUE COPY BY ORDER PRADEEP J. CHOWDHURY SR. PRIVATE SECRETARY ASSISTANT REGISTRAR ITAT, MUMBAI