DCIT -12 (2)(1), MUMBAI V. FUTURE DIGITAL INFOTAINMENT PVT. LTD., MUMBAI

ITA 3422/MUM/2018

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 3829 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 5 month(s) 14 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 04-11-2020
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: F
• Assessment Year: 2013-2014
• Appeal Filed On: 21-05-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SAMATHA M
• Keywords: Tax effect
• Section: 13

Judgement Text

IN THE INC OME TAX APPELLATE TRIBUNAL F BENCH, MUMBAI BEFORE SHRI C. N. PRASAD , JM & SHRI S . RIFAUR RAHMAN, AM ./ I.T.A. NO . 3422 /MUM/2018 ( / ASSESSMENT YEAR: 20 13 - 14 ) DCIT 12 (2) (1 ) ROOM NO. 223 , 2 ND FLOOR, AAYAKARBHAVAN, M. K. MARG, MUMBAI 400 020 . / VS. M/S FUTURE DIGITAL INFOTAINMENT PVT. LTD. SONALI NIVAS - 2, SONALI HOUSE, DURGA LANE, LIBERTY LANE, MALAD(E), MUMBAI - 400 064 ./ ./ PAN NO. AA BCF3234D ( / APPELLANT ) : ( / RESPONDENT ) / APPELLANT BY : MS. SAMATHA M , DR / RESPONDENTBY : NONE / DATE OF HEARING : 20.10 .2020 / DATE OF PRONOUNCEMENT : 04.11.2020 / O R D E R PER S. RIFAUR RAHMAN, ACCOUNTANT MEMBER : THE PRESENT APPEAL HAS BEEN FILED BY THE REVENUE AGAINST THE ORDER OF LD. COMMIS S IONER OF INCOME TAX (APPEALS) - 20 IN SHORT REFERRED AS LD. CIT(A) , MUMBAI, DATED 20.02 .2018 FOR A SSESSMENT YEAR (IN SHORT A Y ) 20 13 - 14 . 2 I.T.A. NO. 3422 /MUM/201 8 M/S FUTURE DIGITAL INFOTAINMENT PVT. LTD. 2 . AT THE OUTSET, WE NOTICE NONE HAS APPEARED ON BEHALF OF THE ASSESSEE INSPITE OF CALLS. ON THE OTHER HAND, LD. DR IS PRESENT IN THE COURT. IT IS BROUGHT TO OUR NOTICE BY LD. DR THAT THE TAX EFFECT OF THE RELIEF GRANTED BY THE LD. COMMISSIONER OF INCOME TAX (APPEALS) IS BELOW RS. 5 0 LACS AND AS PER CIRCULAR NO.17 OF 2019 DATED 08.08.2019 ISSUED BY THE CENTRAL BOARD OF DIRECT TAXES (CBDT), DEPARTMENT OF REVENUE, MINISTRY OF FINANCE, GOVERNMENT OF INDIA, THE CBDT HAS REVISED THE MONETARY LIMIT FOR FILING APPEALS BEFORE THE ITAT FROM T HE EXISTING LIMIT OF RS. 20 LACS TO RS. 50 LACS. 3 . THE LD. DEPARTMENTAL REPRESENTATIVE (DR) SUBMITTED THAT DUE TO LOW TAX EFFECT IN THIS APPEAL, THE REVENUE IS WITHDRAWING THE PRESENT APPEAL BY FILING THE WITHDRAWAL LETTER FOR THE RECORDS. 4 . WE HAVE GO NE THROUGH THE ORDER OF THE LD. COMMISSIONER OF INCOME TAX (APPEALS) AND THE GROUNDS OF APPEALS. WE FIND THAT THE TAX EFFECT IN THE ABOVE REFERRED APPEAL IS LESS THAN RS. 50 LACS. ACCORDINGLY, WE ALLOW THE DEPARTMENT TO WITHDRAW THE PRESENT APPEAL. 3 I.T.A. NO. 3422 /MUM/201 8 M/S FUTURE DIGITAL INFOTAINMENT PVT. LTD. 5 . I N THE NET RESULT, THE APPEAL FILED BY THE REVENUE STA NDS DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT ON 04.11. 20 20 . SD/ - SD/ - ( C. N. PRASAD ) (S. RIFAUR RAHMAN ) / JUDICIAL MEMBER / ACCOUNTANT MEMBER MUMBAI ; DATED : 04/11 / 2020 SR.PS . DK / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT 3. ( ) / THE CIT(A) 4. / CIT - CONCERNED 5. , , / DR, ITAT, MUMBAI 6. / GUARD F I LE / BY ORDER, . / (DY./ASSTT.REGISTRAR) , / ITAT, MUMBAI