DCIT 9(2)(2), MUMBAI V. CYBERTECH SYSTEMS AND SOFTWARE LTD, MUMBAI

ITA 4793/MUM/2015

• Counselvise Citation: [2020] 111 COUNSELVISE.COM (IT) 8525 (ITAT-MUMBAI)
• Duration Of Justice: 4 year(s) 4 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 08-01-2020
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: K
• Assessment Year: 2010-2011
• Appeal Filed On: 24-08-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: VISPI T PATEL
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH K , MUMBAI BEFORE SHRI VIKAS AWASTHY, JUDICIAL MEMBER AND SHRI N.K.PRADHAN, ACCOUNTANT MEMBER ITA NO.4793/MUM/2015(A.Y. 2010-11) DY. COMMISSIONER OF INCOME TAX 9(2)(2), ROOM NO.414, 4 TH FLOOR, AAYKAR BHAVAN, M.K.ROAD, MUMBAI 400 020 ...... APPELLANT VS. M/S. CYBERTECH SYSTEMS AND SOFTWARE LTD. PLOT NO.B-63/64/65, CYBERTECH HOUSE, J.B.SAWANT MARG, ROAD NO.21/34, WAGLE ESTATE, THANE (W) 400 604 ..... RESPONDENT C.O. NO.157/MUM/2015 (ARISING OUT OF ITA NO.4793/MUM/2015, A.Y. 2010-11) M/S. CYBERTECH SYSTEMS AND SOFTWARE LTD. THANE (W) 400 604 - CROSS OBJECTOR VS. DY. COMMISSIONER OF INCOME TAX 9(2)(2), MUMBAI 400 020 .... APPELLANT IN APPEAL REVENUE BY : SHRI ASHISH HELIWAL RESPONDENT BY : SHRI VISPI T. PATE L DATE OF HEARING : 08/01/2010 DATE OF PRONOUNCEMENT : 08/01/2020 ORDER PER VIKAS AWASTHY, JM: THIS APPEAL BY THE REVENUE AND CROSS OBJECTION BY T HE ASSESSEE ARE DIRECTED AGAINST THE ORDER OF COMMISSIONER OF INCO ME TAX (APPEALS)-55, 2 ITA NO.4793/MUM/2015(A.Y. 2010-11) C.O. NO.157/MUM/2015 MUMBAI [ IN SHORT THE CIT(A)] DATED 30/03/2015 FO R THE ASSESSMENT YEAR 2010-11. 2. SHRI VISPI T. PATEL APPEARING ON BEHALF OF THE ASSESSEE SUBMITTED AT THE OUTSET THAT APPEAL OF THE REVENUE IS LIABLE T O BE DISMISSED ON ACCOUNT OF LOW TAX EFFECT IN THE LIGHT OF C BDT CIRCULAR NO. 17/2019, DATED 08-08-2019. THE LD. AUTHORIZED REPRESENTA TIVE FOR THE ASSESSEE FILED COMPUTATION OF TAX ACCORDING TO WHICH THE TAX EFFECT INVOLVED IN THE APPEAL OF THE REVENUE IS RS.26,72,266/-. 3. THE LD. AUTHORIZED REPRESENTATIVE FOR THE ASSES SEE ALSO FILED A LETTER DATED 08/01/2020 FROM THE ASSESSEE TO WITHD RAW THE CROSS OBJECTION. 4. SHRI ASHISH HELIWAL REPRESENTING THE DEPARTMENT FAIRLY ADMITTED THAT THE TAX EFFECT INVOLVED IN THE APPEAL BY DEPAR TMENT IS LESS THAN RS.50.00 LACS. 5. BOTH SIDES HEARD. MATERIAL AVAILABLE ON RECORD E XAMINED. THE TAX EFFECT INVOLVED IN THIS APPEALS IS LESS THAN THE M ONETARY LIMIT PRESCRIBED BY THE RECENT CBDT CIRCULAR NO. 17/2019, DATED 08-0 8-2019 FOR FILING OF APPEALS BEFORE THE TRIBUNAL BY THE DEPARTMENT. THE CBDT VIDE CIRCULAR DATED 08-08-2019 (SUPRA) HAS AMENDED PARA 3 OF CIRC ULAR NO. 3 OF 2018 DATED 11-07-2018 THEREBY ENHANCING MONETARY LIMIT O F TAX EFFECT FROM RS.20 LAKHS TO RS.50 LAKHS FOR FILING OF APPEALS BY THE DEPARTMENT BEFORE THE TRIBUNAL. THUS, WITHOUT GOING INTO MERITS OF TH E ISSUE RAISED IN THE APPEAL, THE PRESENT APPEAL BY THE REVENUE IS DIS MISSED ON ACCOUNT OF LOW TAX EFFECT. 3 ITA NO.4793/MUM/2015(A.Y. 2010-11) C.O. NO.157/MUM/2015 6. BEFORE PARTING, WE CLARIFY HERE THAT THE REVENU E SHALL BE AT LIBERTY TO APPROACH THE TRIBUNAL FOR RESTORATION OF APPEAL, WITH THE REQUISITE MATERIAL TO SHOW THAT THE APPEAL IS PROTECTED BY THE EXCEPTIONS PRESCRIBED IN PARA 10 OF THE CIRCULAR DATED 11-07-2 018 AND ITS AMENDMENT DATED 20/08/2018. 7. IN VIEW OF THE ABOVE, THE APPEAL BY THE REVENUE AND CROSS OBJECTION BY THE ASSESSEE ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT AT THE TIME OF H EARING ON WEDNESDAY THE 08 TH DAY OF JANUARY, 2020. SD/- SD/- (N.K.PRADHAN ) (VIKAS AWASTHY) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI, DATED 08/01/2020 VM , SR. PS(O/S) 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