DCIT CC 3(4) CEN RG 3, MUMBAI V. CINEYUG MEDIA & ENTERTAINMENT P.LTD, MUMBAI

ITA 5703/MUM/2015

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 3720 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 7 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 13-08-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2004-2005
• Appeal Filed On: 21-12-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: CHAITANYA ANJARIA
• Keywords: Tax effect
• Section: 143(3); 153A

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL D , BENCH MUMBAI BEFORE SHRI R.C.SHARMA, AM & SHRI SANDEEP GOSAIN , JM ITA NO. 5703 /MUM/ 2015 ( ASSESSMENT YEAR : 2004 - 05 ) DCIT - CC 3(1), CENTRAL RANGE - 3, ROOM NO.402, 4TH FLOOR, AAYAKAR BHAVAN, M.K. ROA D, MUMBAI - 400020 VS. M/S. CINEYUG MEDIA & ENTERTAINMENT PVT. LTD., (FORMERLY KNOWN AS CINEYUG FILMS PVT. LTD.,) GROUND FLOOR, ELDORA APTS., JUHU CHURCH ROAD, JUHU, MUMBAI - 400 049 PAN/GIR NO. AAACC5391H APPELLANT ) .. RESPONDENT ) ITA NO. 5705/MUM/2015 ( ASSESSMENT YEAR : 2005 - 06 ) DCIT - CC 3(1), CENTRAL RANGE - 3, ROOM NO.402, 4TH FLOOR, AAYAKAR BHAVAN, M.K. ROAD, MUMBAI - 400020 VS. M/S. CINEYUG ENTERTAINMENT 301, ROSE APARTMENT, FATHERWADI, JUHU CHURCH ROAD, JUHU, MUMBAI - 40 0 049 PAN/GIR NO. AAEFC4615K APPELLANT ) .. RESPONDENT ) REVENUE BY SHRI CHAITANYA ANJARIA ASSESSEE BY NONE DATE OF HEARING 0 3 / 08 /2018 DATE OF PRONOUNCEMENT 13 / 08 /2018 / O R D E R PER R.C.SHARMA (A.M) : THESE ARE THE APPEALS FILED BY THE REVENUE AG AINST THE ORDER OF CIT(A) 51 , MUMBAI DATED 1 0 /09/2015 FOR A.Y. 2004 - 05 & 2005 - 06 IN THE ITA NO. 5703/MUM/2015 & 5705/MUM/2015 2 MATTER OF ORDER PASSED U/S. 153A R.W.S 143(3) (II) OF THE INCOME TAX ACT, 1961. 2. WE HAVE HEARD L D. DEPARTMENTAL REPRESENTATIVE AND PERUSED THE MATERIALS AVAILABLE ON THE RECORD IN RESPECT OF THE ABOVE APPEAL S . IT IS OBSERVED THAT THE DEMAND/TAX EFFECT IN THE REVENUE AP PEAL S IS NOT EXCEEDING RS. 20 LAKH S. UNDER THE POWER VESTED BY S EC. 268A(1) OF THE I T. ACT, CBDT HAS RECENTLY ISSUED CIRCULAR NO. 3/2018 DATED 11.07.2018 INSTRUCTING THE AUTHORITIES BELOW THAT DEPARTMENTAL APPEAL SHOULD NOT BE FILED BEFORE 1TAT WHERE THE DEMAND/TAX EFF ECT DOES NOT EXCEED RS. 20 LAKH S. THE CIRCULAR SPECIFICALLY MENTIONS THAT THE INSTRUCTIONS ARE APPLICABLE TO ALL PENDING APPEALS ALSO. 6 . SUBJECT TO SOME EXCEPTIONS, IT IS FURTHER DIRECTED BY CBDT THAT ALL THE DEPARTMENTAL APPEALS PENDING BEFORE ITAT WHERE THE DEMAND/TAX EFFECT IS LESS THAN 20 LA KH S SHOULD BE EITHER WITHDRAWN OR NOT PRESSED BY THE DEPARTMENTAL REPRESENTATIVE. 7 . THE PRESENT APPEAL S ARE NOT COVERED BY ANY EXCEPTIONS MENTIONED IN THE SAID CBDT CIRCULAR. SINCE THE TAX DEMAND IN DISPUTE IN THESE DEPARTMENTAL APPEAL S DOES NOT EXCEED THE L IMIT OF RS. 20 LA KH S AS SET OUT BY CBDT, SUCH APPEAL S ARE NOT MAINTAINABL E IN VIEW OF FORE GOINGS. ACCORD INGLY T H E APPEAL S OF THE DEPARTMENT ARE DISMISSED AS NOT PRESSED/WITHDRAWN AND HENCE INFRUCTUOUS. ITA NO. 5703/MUM/2015 & 5705/MUM/2015 3 8 . IN THE RESULT, THE APPEAL S OF REVENUE ARE DISMIS SED. ORDER PRONOUNCED IN THE OPEN COURT ON THIS 13 / 08 /201 8 SD/ - ( SANDEEP GOSAIN ) SD/ - (R.C.SHARMA) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI; DATED 13 / 08 /201 8 KARUNA SR. PS COPY OF THE ORDER FORWARDED TO : BY ORDER, ( ASSTT. REGISTRAR) ITAT, MUMBAI 1. THE APPELLANT 2. THE RESPONDENT. 3. THE CIT(A), MUMBAI. 4. CIT 5. DR, ITAT, MUMBAI 6. GUARD FILE. //TRUE COPY//