Appeal details
Counselvise Citation
[2019] 115 COUNSELVISE.COM (IT) 4238 (ITAT-MUMBAI)
Assessee PAN
Bench
Appeal Number
Duration Of Justice
1 year(s) 6 month(s) 8 day(s)
Appellant
Respondent
Appeal Type
Income Tax Appeal
Pronouncement Date
13-03-2019
Appeal Filed By
Department
Order Result
Dismissed
Bench Allotted
E
Assessment Year
2012-2013
Appeal Filed On
04-09-2017
Judgement Text
IN THE INCOME TAX APPELLATE TRIBUNAL , G BENCH MUMBAI BEFORE SHRI PAWAN SINGH, JUDICIAL MEMBER AND SHRI N.K. PRADHAN, ACCOUNTANT MEMBER ITA NOS.5588/MUM/2017 FOR ASSESSMENT YEARS: 2012-13 DCIT- 8(2)(1), ROOM NO. 624, AAYAKAR BHAWAN, M.K. ROAD, MUMBAI-400020. VS M/S SHAWMAN SOFTWARE PVT. LTD. 640-B, KHORSHED VILLA, KHARGAR ROAD, PARSI COLONY, DADAR, MUMBAI-400014. PAN : AAKCS7518L (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI SATISH CHANDRA RAJO RA (SR. DR) RESPONDENT BY : SHRI HORMUZD JAMSHEDJI WITH MS. KINNARI BHATT (AR) DATE OF HEARING : 13/03/2019 DATE OF PRONOUNCEMENT: 13/03/2019 ORDER UNDER SECTION 254(1) O F INCOME TAX ACT PER PAWAN SINGH JUDICIAL MEMBER: 1. THIS APPEAL BY REVENUE UNDER SECTION 253 OF INCOME TAX ACT IS DIRECTED AGAINST THE ORDER OF LD. COMMISSIONER OF INCOME TAX (APPEALS)-14, [CIT(A)], MUMBAI DATED 22.06.2017 FOR ASSESSMENT YE AR 2012-13. THE SOLITARY GROUND OF APPEAL RAISED BY THE REVENUE REL ATES TO DELETING DISALLOWANCE UNDER SECTION 14A OF RS.33,71,451/- 2. AT THE OUTSET OF HEARING, THE LD. AUTHORIZED REPRES ENTATIVE (AR) OF THE ASSESSEE SUBMITTED THAT THE TAX EFFECT INVOLVED IN THE PRESENT APPEAL IS BELOW THE MONETARY LIMIT PRESCRIBED BY CBDT CIRCULAR NO.3 /2018 DATED 11 TH JULY ITA NO. 5588 MUM 2017-M/S SHAWMAN SOFTWARE PVT. LTD. 2 2018. THE LD AR OF THE ASSESSEE FURNISHED THE WORKI NG OF TAX EFFECT, WHEREIN THE TAX EFFECT ON THE RELIEF BY LD CIT(A) IS ONLY OF RS. 10,37,143/-. 3. ON THE OTHER HAND, THE LD. DR FOR THE REVENUE AFTER GOING THROUGH THE WORKING OF TAX EFFECT HAS FAIRLY AGREED THAT TAX EF FECT INVOLVED IN THE PRESENT APPEAL IS BELOW THE MONETARY LIMIT. 4. CONSIDERING THE SUBMISSIONS OF THE LD REPRESENTATIV ES OF THE PARTIES AND THE WORKING OF TAX EFFECT FURNISHED BEFORE US, WHICH I S LESS THAN THE MONETARY LIMIT FOR FILING APPEAL BEFORE THE TRIBUNAL. NO EXC EPTION MENTIONED IN THE SAID CIRCULAR, IS BROUGHT TO OUR NOTICE, THEREFORE THE APPEAL OF THE REVENUE IS DISMISSED. 5. IN THE RESULT APPEAL OF THE REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON THIS 13/03/ 2019 WHILE HEARING OF THE APPEAL. SD/- SD/- (N.K. PRADHAN (PAWAN SINGH) ACCOUNTANT MEMBER JUDICIAL MEMB ER MUMBAI, DATE: 13.03.2019 SK COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT BY ORDER ASSISTANT REGISTRAR ITAT MUMBAI ITA NO. 5588 MUM 2017-M/S SHAWMAN SOFTWARE PVT. LTD. 3 DATE 1. DRAFT DICTATED ON (DICTATION SHEET IS ENCLOSED WITH MAIN FILE). 13.03.2019 PS 2. DRAFT PLACED BEFORE AUTHOR 13.03.2019 PS 3. DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER JM/AM 4. DRAFT DISCUSSED/APPROVED BY SECOND MEMBER. JM/A M 5. APPROVED DRAFT COMES TO THE SR.PS/PS PS/PS 6. KEPT FOR PRONOUNCEMENT ON PS 7. FILE SENT TO THE BENCH CLERK PS 8. DATE ON WHICH FILE GOES TO THE AR 9. DATE ON WHICH FILE GOES TO THE HEAD CLERK. 10. DATE OF DISPATCH OF ORDER.
