DCIT,RG- 9(1)(2), MUMBAI V. ATC TELECOM TOWER CORPORATION P.LTD, MUMBAI

ITA 5010/MUM/2017

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 8568 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 8 month(s) 19 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 10-04-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2012-2013
• Appeal Filed On: 21-07-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: S K JAIN LD
• Assessee Lawyers: SATYEN SETHILD
• Keywords: Tax effect

Judgement Text

1 IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH, MUMBAI BEFORE SHRI SAKTIJIT DEY, JM AND SHRI MANOJ KUMAR AGGARWAL, AM ./ I.T.A. NO.5010/MUM/2017 ( / ASSESSMENT YEAR: 2012-13) DCIT - 9( 1 ) (2) ROOM NO.260-A, 2 ND FLOOR AAYKAR BHAVAN, M.K. ROAD MUMBAI-400 020 / VS. M/S. ATC TELECOM TOWER CORPORATION PVT. LTD. 403, 4 TH FLOOR, SKYLINE ICON ANDHERI KURLA ROAD ANDHERI (E), MUMBAI-400 059. #$ ' ./ ' ./PAN/GIR NO. AAECA-9823-E ( /APPELLANT ) : ( / RESPONDENT ) & ' ./ I.T.A. NO.5013/MUM/2017 ( / ASSESSMENT YEAR: 2012-13) DCIT - 9( 1 ) (2) ROOM NO.260-A, 2 ND FLOOR AAYKAR BHAVAN, M.K. ROAD MUMBAI-400 020 / VS. M/S. ATC INDIA TOWER CO R PORATION PVT. LTD. 403, 4 TH FLOOR, SKYLINE ICON ANDHERI KURLA ROAD ANDHERI (E), MUMBAI-400 059. #$ ' ./ ' ./PAN/GIR NO. AAJCS-7669-H ( /APPELLANT ) : ( / RESPONDENT ) / APPELLANT BY : S.K. JAIN LD. DR / RESPONDENT BY : SATYEN SETHI-LD.AR / DATE OF HEARING : 10/04/2019 / DATE OF PRONOUNCEMENT : 10/04/2019 2 / O R D E R PER BENCH 1. THE AFORESAID APPEALS BY REVENUE AGAINST TWO SEP ARATE ASSESSEES CONTEST SEPARATE ORDER OF LD. FIRST APPELLATE AUTHO RITY ON CERTAIN GROUNDS OF APPEAL. 2. THE LD. AUTHORIZED REPRESENTATIVE FOR ASSESSEE [ AR], AT THE OUTSET, SUBMITTED THAT THE TAX EFFECT OF THE QUANTUM ADDITI ONS BEING CONTESTED BY THE REVENUE IN EACH OF THE APPEAL IS BELOW RS.20 LA CS AND THEREFORE, THE APPEALS ARE NOT MAINTAINABLE IN VIEW OF THE LOW TAX EFFECT CIRCULAR NO. 03/2018 DATED 11/07/2018 ISSUED BY CBDT. THE WORKIN G OF THE TAX EFFECT HAS BEEN PLACED ON RECORD. THE LD. DR COULD NOT CON TROVERT THE SAME. 3. IN VIEW OF THE ADMITTED POSITION, BOTH THE APPEA LS STAND DISMISSED. THE REVENUE IS FREE TO MOVE APPROPRIATE APPLICATION TO RECALL THIS ORDER, IF AT A LATER STAGE, IT IS FOUND THAT THE MATTER IS COVER ED BY ANY EXCEPTIONS PROVIDED IN THE AFORESAID CIRCULAR OR IN CASE THE T AX EFFECT OF THE QUANTUM ADDITIONS AS AGITATED BY REVENUE EXCEEDS THE PRESCR IBED MONETARY LIMIT IN ANY OF THE APPEAL. 4. BOTH THE APPEALS STAND DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 10 TH APRIL, 2019. SD/- SD/- (SAKTIJIT DEY) ( MANOJ KUMAR AGGARWAL) / JUDICIAL MEMBER / ACCOUNTANT MEMBER MUMBAI; DATED : 10/04/2019 SR.PS:-JAISY VARGHESE 3 ! / COPY OF THE ORDER FORWARDED TO : 1. !$( / THE APPELLANT 2. )*$( / THE RESPONDENT 3. ( ! ) / THE CIT(A) 4. / CIT CONCERNED 5. +,)- , !- , / DR, ITAT, MUMBAI 6. ,/01 / GUARD FILE / BY ORDER, / (DY./ASSTT.REGISTRAR) , / ITAT, MUMBAI.