DCIT 7(3), MUMBAI V. YAHOO INDIA P.LTD, MUMBAI

ITA 3799/MUM/2014

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 4537 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 7 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 12-01-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: G
• Next Hearing Date: 12-01-2016
• Assessment Year: 2007-2008
• Appeal Filed On: 27-05-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect
• Section: 244A

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES G, MUMBAI BEFORE SHRI JASON P. BOAZ (AM) AND SHRI RAM LAL NEG I (JM) ITA NO. 3799 /MUM/2014 ASSESSMENT YEAR: 2007-08 THE DCIT - 7 (3 ) , ROOM NO. 615, 6 TH FLOOR, AAYAKAR BHAVAN, M.K.ROAD, MUMBAI- 400020. VS. M/S YAHOO INDIA PRIVATE LTD. ( FORMALLY KNOWN AS YAHOO WEB SERVICES INDIA PRIVATE LTD.), BUILDING NO-12, 6 TH FLOOR, SOLITAIRE CORPORATE PARK, GURU HARGOVINGJI MARG, ANDHERI (E), MUMBAI- 400093 . PAN- AAACY1252B (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI. NITIN WAGHMODE RESPONDENT BY : SHRI. SAURABH SOPARKAR DATE OF HEARING: 12/01/2016 DATE OF PRONOUNCEMENT: 12/01/2016 O R D E R PER RAM LAL NEGI, JM THE AFORESAID APPEAL HAS BEEN FILED BY THE REV ENUE AGAINST IMPUGNED ORDER DATED 06/03/2014 PASSED BY THE CIT( A)-13, MUMBAI IN RESPECT OF THE ORDER OF ASSESSMENT PASSED U/S 14 3(3) FOR THE ASSESSMENT YEAR 2007-08, ON THE FOLLOWING GROUNDS:- (I) ' THE LEARNED CIT(A) HAS ERRED ON FACTS AND IN LAW IN DIRECTING THE ASSESSING OFFICER TO VERIFY THE ISSUE AND DELETE THE ADDITION AFTER TAKING INDEMNITY BOND FROM THE ASSES SEE EVEN THOUGH THE ASSESSEE COULD NOT FURNISH THE EVIDENCE IN SUPPORT 2 ITA NO. 3799 /MUM/2014 ASSESSMENT YEAR: 2007-08 OF ITS CLAIM EVEN BEFORE THE AO AND THE CIT(A), AS IS CLEAR FROM THE ORDER OF CIT(A) WHICH SAYS THAT AO MUST GIVE E FFECT TO THE SAME AFTER DULY VERIFYING THESE ENTRIES AND CROSS C HECKING THEM WITH AIR DETAILS TO GIVE EFFECT, MAY BE AFTER OBTAI NING AN INDEMNITY BOND FROM THE APPELLANT. (II) THE LEARNED CIT(A) HAS ERRED ON FACTS AND IN L AW IN DIRECTING THE ASSESSING OFFICER TO ALLOW CREDIT OF TDS AND GRANT INTEREST U/S 244A AFTER MAKING THE VERIFICATION WIT HOUT PROPERLY APPRECIATING THE LEGAL AND FACTUAL MATRIX AS CLEARL Y BROUGHT OUT BY THE ASSESSING OFFICER. 2. THE LD. CIT(A)S ORDER IS CONTRARY IN LAW AND ON FACTS AND DESERVES TO BE SET ASIDE. 3. THE APPELLANT CRAVES LEAVE TO AMEND OR ALTER ANY GROUND OR ADD A NEW GROUND THAT MAY BE NECESSARY. 4. THE APPELLANT PRAYS THAT THE ORDER OF CIT(A) ON THE ABOVE GROUNDS BE SET ASIDE AND THAT OF THE AO RESTORED. 2. AT THE OUTSET, IT IS NOTICED THAT, THE DISPUTE D ISSUE IS ONLY FOR RS. 28,23,670/- AND THE TAX EFFECT ON THIS AMOUNT IS BE LOW THE SPECIFIED MONETARY LIMIT OF RS. 10 LAKHS. AS PER THE LATEST C BDT CIRCULAR NO. 21 OF 2015, DATED 10 TH DECEMBER, 2015, NEW GUIDELINES OF MONETARY LIMIT FOR FILING OF APPEALS BY THE DEPARTMENT HAS BEEN IS SUED, WHEREBY THE TAX EFFECT FOR FILING OF APPEAL BEFORE THE ITAT HAS BEEN PRESCRIBED AT RS. 10 LAKHS. IN THE SAID CIRCULAR, IT HAS BEEN SPECIFI CALLY CLARIFIED THAT THE SAID INSTRUCTION WILL APPLY RETROSPECTIVELY TO ALL THE PENDING APPEALS. ACCORDINGLY, THE APPEAL FILED BY THE REVENUE IS NOT MAINTAINABLE AND IS DISMISSED IN LIMINE . ORDER PRONOUNCED IN THE OPEN COURT ON 12 TH JANUARY, 2016 3 ITA NO. 3799 /MUM/2014 ASSESSMENT YEAR: 2007-08 SD/- SD/- ( JASON P. BOAZ ) (RAM LAL NEGI) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI; DATED: 12/01/2016 / 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// , ,, ,/ // /+- . +- . +- . +- . (DY./ASSTT. REGISTRAR) %' %' %' %', , , , / ITAT, MUMBAI PRAMILA