DCIT 9(2)(2), MUMBAI V. E 2 E INFOTECH INDIA P.LTD, MUMBAI

ITA 4425/MUM/2015

• Counselvise Citation: [2020] 111 COUNSELVISE.COM (IT) 9089 (ITAT-MUMBAI)
• Duration Of Justice: 4 year(s) 5 month(s) 14 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 06-01-2020
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: K
• Assessment Year: 2010-2011
• Appeal Filed On: 23-07-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: V JENARDHANAN
• Keywords: Transfer pricing; Tax effect
• Section: 201

Judgement Text

T HE INCOME TAX APPELLATE TRIBUNAL K BENCH, MUMBAI BEFORE SHRI SHAMIM YAHYA ( A M) & SHRI PAWAN SINGH (JM) I.T.A. NO. 4425 /MUM/ 201 5 (ASSESSMENT YEAR 20 1 0 - 11 ) DCIT 9(2)(2) ROOM NO.204 2 ND FLOOR AAYAKAR BHAVAN M.K. ROAD MUMBAI - 400 020. V S . M/S. E2E I NFOTECH INDIA PVT. LTD. C/O. AURIONPRO SOLUTION LTD. 35 TH FLOOR, SUNSHINE TOWERS TULSI PIPE ROAD, DADAR(WEST) MUMBAI - 400 013. PAN : AAACV2823P ( APPELLANT ) ( RESPONDENT ) ASSESSEE BY NONE DEPARTMENT BY SHRI V. JENARDHANAN DATE OF HEARING 15 . 10 . 201 9 DATE OF PRONOUNCEMENT 06.01. 20 20 O R D E R PER SHAMIM YAHYA (AM) : - THE APPEAL FILED BY THE REVENUE IS DIRECTED AGAINST THE ORDER DATED 15.4 .201 5 PASSED BY THE LEARNED CIT(A) AND IT RELATES TO A.Y. 201 0 - 1 1 . THE REVENUE IS AGGRIEVED BY T HE DECISION OF THE LEARNED CIT(A) IN DELETING THE TRANSFER PRICING ADJUSTMENT AMOUNTING TO RS . 28,27,840 / - . 2. AT THE OUTSET IT IS NOTED THAT THE TAX EFFECT INVOLVED IN THE QUANTUM UNDER DISPUTE IS LESS THAN RS. 5 0.00 LAKHS AND HENCE THE REVENUE IS PRECLUD ED FROM PURSUING THIS APPEAL AS PER CBDT VIDE CIRCULAR NO. 17/2019 DATED 8.8.2019 . ACCORDINGLY, THIS APPEAL BY THE REVENUE IS DISMISSED IN LIMINE ON ACCOUNT OF TAX EFFECT. 3 . IN THE RESULT, THE APPEAL FILED BY THE REVENUE IS DISMISSED. ORDER HAS BE EN PRONOUNCED IN THE COURT ON 06.01.2020 . SD/ - SD/ - ( PAWAN SINGH ) (SH A MIM YAHYA ) JUDICIAL MEMBER ACCOUNTANT MEMBER M/S . E2E INFOTECH INDIA PVT. LTD. 2 MUMBAI ; DATED : 06 / 1 / 20 20 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// ( ASSISTANT REGISTRAR ) PS ITAT, MUMBAI