DCIT 10(2)(2), MUMBAI V. MEGA MANAGEMENT SERVISES P.LTD, MUMBAI

ITA 7304/MUM/2014

• Counselvise Citation: [2019] 115 COUNSELVISE.COM (IT) 7383 (ITAT-MUMBAI)
• Duration Of Justice: 4 year(s) 10 month(s) 17 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 25-10-2019
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2010-2011
• Appeal Filed On: 08-12-2014
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SAMATHA MULLAMUDI
• Assessee Lawyers: NAVNIT CHAUDHARY
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH, MUMBAI BEFORE SHRI SAKTIJIT DEY , JUDICIAL MEMBER AND SHR I MANOJ KUMAR AGGARWAL , ACCOUNTANT MEMBER ITA NO. 7304 / MUM . /201 4 ( ASSESSMENT YEAR : 20 10 11 ) DY . COMMISSIONER OF INCOME TAX CIRCLE 1 0(2)(2) , MUMBAI . APPELLANT V/S MEGA MANAGEMENT SERVICES PVT. LTD. 7 TH FLOOR, C WING, TWIN ARCADE MILITARY ROAD, MAROL MAROSHI ANDHERI (E), MUMBAI 400 059 PAN AAACM4143K . RESPONDENT C.O. NO.200/MUM./2018 ( ARISING OUT OF ITA NO. 7304 /MUM. /2014 ) ( ASSESSMENT YEAR : 20 10 11 ) MEGA MANAGEMENT SERVICES PVT. LTD. 7 TH FLOOR, C WING, TWIN ARCADE MILITARY ROAD, MAROL MAROSHI ANDHERI (E), MUMBAI 400 059 PAN AAACM4143K . APPELLANT (ORIGINAL RESPONDENT) V/S DY. COMMISSIONER OF INCOME TAX CIRCLE 10(2)(2), MUMBAI . RESPONDENT (ORIGINAL APPELLANT) REVENUE BY : SHRI SAMATHA MULLAMUDI ASSESSEE BY : SHRI NAVNIT CHAUDHARY DATE OF HEARING 30 .0 9 .2019 DATE OF ORDER 25 .10 .2019 2 MEGA MANAGEMENT SERVICES PVT. LTD. O R D E R PER SAKTIJIT DEY. J.M. AFORESAID APPEAL BY THE REVENUE AND CROSS OBJECTION BY THE ASSESSEE ARISE OUT OF ORDER DATED 19 TH SEPTEMBER 2014, PASSED BY THE L EARNED COMMISSIONER OF INCOME TAX (APPEALS) 17 , MUMBAI, FOR THE ASSESSMENT YEAR 20 10 1 1 . 2. AT THE TIME OF HEARING, LEARNED COUNSEL FOR THE ASSESSEE SUBMITTED THAT THE TAX EFFECT ON THE AMOUNT DISPUTED BY THE REVENUE IS BELOW THE REVISED MONETARY LIMIT OF ` 50 LAKH APPLICABLE TO APPEALS BEFORE THE TRIBUNAL, AS PER CBDT CIRCULAR NO.17 OF 2019, DAT ED 8 TH AUGUST 2019. FURTHER, HE SUBMITTED, NONE OF THE EXCEPTIONS PROVIDED IN CBDT CIRCULAR NO.3 OF 2018, DATED 11 TH JULY 2018 READ WITH CIRCULAR F. NO.279/MISC./142/2007 ITJ (PT) DATED 20.08.2018 WOULD APPLY TO REVENUES APPEAL. THUS, HE SUBMITTED, REVENU ES APPEAL BEING COVERED UNDER THE AFORESAID CIRCULARS IS NOT MAINTAINABLE. 3. THE LEARNED DEPARTMENTAL REPRESENTATIVE AGREED THAT THE TAX EFFECT ON THE AMOUNT DISPUTED BY THE REVENUE IS BELOW THE MONETARY LIMIT OF ` .50 LAKH. 4. HAVING CONSIDERED RIVAL SUBMISSIONS AND PERUSED THE MATERIAL ON RECORD, WE ARE OF THE VIEW THAT THE TAX EFFECT ON THE AMOUNT DISPUTED 3 MEGA MANAGEMENT SERVICES PVT. LTD. BY THE REVENUE IN THE PRESENT APPEAL IS BELOW THE REVISED MONETARY LIMIT OF ` 50 LAKH AS PER CBDT CIRCULAR NO.17/2019, DAT ED 8 TH AUGUST 2019, R/W CBDT CIRCULAR NO.3/2018, DATED 11 TH JULY 2018. IT ALSO STANDS CLARIFIED BY THE CBDT THAT THE REVISED MONETARY LIMIT OF ` 50 LAKH AS PER THE AFORESAID CBDT CIRCULARS WOULD ALSO APPLY TO ALL PENDING APPEALS. IN VIEW OF THE AFORESAID, REVENUES APPEAL DESERVES TO BE DISMISSED. HOWEVER, THE REVENUE IS GIVEN LIBERTY TO SEEK RECALL OF THIS ORDER IF, AT A LATER POINT OF TIME, IT IS FOUND THAT THE APPEAL IS PROTECTED BY ANY OF THE EXCEPTIONS PROVIDED IN THE CIRCULARS REFERRED TO ABOVE. 5. IN VIEW OF OUR DECISION IN REVENUES APPEAL , AS AFORESAID, ASSESSEES CROSS OBJECTION HAS BECOME INFRUCTUOUS, HENCE, DISMISSED. 6. IN THE RESULT, BOTH, THE APPEAL AND THE CROSS OBJECTION ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN C OURT ON 25.10.2019 SD/ - MANOJ KUMAR AG GARWAL ACCOUNTANT MEMBER SD/ - SAKTIJIT DEY JUDICIAL MEMBER MUMBAI, DATED: 25.10.2019 4 MEGA MANAGEMENT SERVICES PVT. LTD. COPY OF THE ORDER FORWARDED TO : (1) THE ASSESSEE; (2) THE REVENUE; (3) THE CIT(A); (4) THE CIT, MUMBAI CITY CONCERNED; (5) THE DR, ITAT, MUMBAI; (6) GUARD FILE . TRUE COPY BY ORDER PRADEEP J. CHOWDHURY SR. PRIVATE SECRETARY ASSISTANT REGISTRAR ITAT, MUMBAI