DCIT 9(2)(2), MUMBAI V. ECI TELECOM INDIA P. LTD, MUMBAI

ITA 3736/MUM/2016

• Counselvise Citation: [2019] 115 COUNSELVISE.COM (IT) 6050 (ITAT-MUMBAI)
• Duration Of Justice: 3 year(s) 3 month(s) 24 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 24-09-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: K
• Assessment Year: 2010-2011
• Appeal Filed On: 30-05-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL K , BENCH MUMBAI B EFORE SHRI MAHAVIR SINGH, JM & SHRI M.BALAGANESH, AM ITA NO. 3736 /MUM/ 2016 ( ASSESSMENT YEAR : 2010 - 11 ) DCIT 9(2)(2) R.NO.665, 6 TH FLOOR AAYAKAR BHAVAN M.K.ROAD, MUMBAI 400 020 VS. M/S. EC I TELECOM INDIA PVT. LTD., 302/B, TIMES SQUARE ANDHERI - KURLA ROAD ANDHERI EAST MUMBAI - 400059 PAN/GIR NO. AABCE2707J (APPELLANT ) .. (RESPONDENT ) CO NO.222/MUM/2016 (ARISING OUT OF ITA NO. 3736/MUM/2016) ( ASSESSMENT YEAR : 2010 - 11 ) M/S. ECI TELECOM INDIA PVT . LTD., 302/B, TIMES SQUARE ANDHERI - KURLA ROAD ANDHERI EAST MUMBAI - 400059 VS. DCIT 9(2)(2) R.NO.665, 6 TH FLOOR AAYAKAR BHAVAN M.K.ROAD, MUMBAI 400 020 PAN/GIR NO. AABCE2707J (APPELLANT ) .. (RESPONDENT ) REVENUE BY SHRI JAYANT KUMAR & SHRI KIRAN P. UN AVEKA ASSESSEE B Y SHRI ARIJIT CHAKRAVORTHY / SHRI ABHISHEK TILAK DATE OF HEARING 24 / 09 /2019 DATE OF PRONOUNCEMENT 24 /09 / 2019 / O R D E R PER M. BALAGANESH (A.M) : THIS APPEAL IN ITA NO. 3736/MUM/2016 AND CROSS OBJECTION NO.222/MUM/2016 FOR A.Y . 2010 - 11 ARISE S OUT OF THE ORDER BY THE LD. COMMISSIONER OF INCOME TAX (APPEALS) - 56, MUMBAI IN APPEAL NO. CIT(A) - ITA NO. 3736/MUM/2016 & CO NO.222/MUM/2016 M/S. ECI TELECOM INDIA PVT. LTD., 2 56/TRF/2014 - 15/165 - E DATED 29/02/2016 (LD. CIT(A) IN SHORT) AGAINST THE ORDER OF ASSESSMENT PASSED U/S. 143(3) OF THE INCOME TAX ACT, 1961 (HEREINAFTER REFERRED TO AS ACT) DATED 31/03/2014 BY THE DY. COMMISSIONER OF INCOME TAX 8(1), MUMBAI (HEREINAFTER REFERRED TO AS LD. A O). IT(TP)A NO.3736/MUM/2016 2. BOTH THE PARTIES BEFORE US MUTUALLY AGREED THAT TH IS REVENUE APPEAL IS TO BE DISMISSED AS NOT MAINTAINABLE IN VIEW OF THE RECENT CIRCULAR ISSUED BY THE CBDT DATED 08/08/2019 WHEREIN THE REVENUE HAS BEEN DIRECTED TO WITHDRA W THE APPEAL PREFERRED BY IT BEFORE THE TRIBUNAL IF THE TAX EFFECT ON THE DISPUTED ISSUES IS LESS THAN OR EQUAL TO RS.50,00,000/ - . IT IS WELL SETTLED THAT THIS CIRCULAR IS BINDING ON THE REVENUE AUTHORITIES. 3. RESPECTFULLY FOLLOWIN G THE SAID CIRCULAR, THE APPEAL FILED BY THE REVENUE IS DISMISSED AS NOT MAINTAINABLE. 4. INCASE, IF THE REVENUE IS ABLE TO PROVIDE EVIDENCE THAT THE CASE FALLS UNDER ANY OF THE EXCEPTIONS PROVIDED IN THE CIRCULAR ISSUED BY THE CBDT, THEN THE REVENUE MAY PREFER MISCELLANEOUS / APP LICATION FOR RECALLING OF THIS ORDER, IF THEY SO DESIRE, IN WHICH CIRCUMSTANCE THIS ORDER SHALL BE RECALLED BY THIS TRIBUNAL. 5 . IN THE RESULT, APPEAL FILED BY THE REVENUE IS DISMISSED AS NOT MAINTAINABLE. ITA NO. 3736/MUM/2016 & CO NO.222/MUM/2016 M/S. ECI TELECOM INDIA PVT. LTD., 3 CO NO.222/MUM/2016 6. THE CROSS OBJECTION OF TH E ASSESSEE IS ONLY SUPPORTIVE OF THE ORDER OF THE LD. CIT(A). 7. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISMISSED AS NOT MAINTAINABLE AND CROSS OBJECTION OF THE ASSESSEE IS ALSO DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON THIS 24 / 09 /201 9 SD/ - ( MAHAVIR SINGH ) SD/ - (M.BALAGANESH) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI ; DATED 24 / 09 / 2019 KARUNA , SR.PS COPY OF THE ORDER FORWARDED TO : BY ORDER, ( ASSTT. REGISTRAR) ITAT, MUMBAI 1. THE APPELLANT 2. THE RESPONDENT. 3. THE CIT(A), MUMBAI. 4. CIT 5. DR, ITAT, MUMBAI 6. GUARD FILE. //TRUE COPY//