DCIT 3(2)(1), MUMBAI V. LIPI DATA SYSTEMS LTD, MUMBAI

MA 215/MUM/2018

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 0063 (ITAT-MUMBAI)
• Duration Of Justice: 5 month(s) 17 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 07-09-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: H
• Assessment Year: 2011-2012
• Appeal Filed On: 21-03-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: MILIND V PATIL
• Keywords: Tax effect
• Section: 2

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL H , BENCH MUMBAI BEFORE SHRI R.C.SHARMA, AM & SHRI RAVISH SOOD , JM MA NO.215/MUM/2018 (ARISING OUT OF ITA NO. 3991/MUM/2015) ( ASSESSMENT YEAR : 2011 - 12 ) THE DY. COMMISSIONER OF INCOME TAX 3(2)(1), MUMBAI, R OOM NO.608, 6 TH FLOOR, AAYAKAR BHAVAN, M.K.ROAD MUMBAI - 400 020 VS. M/S. LIPI DATA SYSTEMS LTD., 1, MITTAL CHAMBERS, NARIMAN POINT MUMBAI - 400021 PAN/GIR NO. AAACL0916F ( APPELLANT ) .. ( RESPONDENT ) REVENUE BY SHRI MILIND V. PATIL ASSESSEE BY NONE DATE OF HEARING 07 / 09/ 201 8 DATE OF PRONOUNCEMENT 07 / 09 /201 8 / O R D E R PER R.C.SHARMA (A.M) : THIS M.A. AROSE OUT OF ITA NO.3991/MUM/201 5 . 2. THROUGH THIS M.A, IT WAS SUBMITTED BY LEARNED DR THAT THE INCOME TAX APPELLATE TRIB UNAL, MUMBAI BENCH 'H', MUMBAI PASSED AN ORDER DATED 31/07/2017 IN ITA NO.3991/MUM/2015 (REVENUE'S APPEAL) IN THE CASE OF M/S. LIPI DATA SYSTEMS LTD. FOR THE A.Y. 2011 - 12 . AS PER LEARNED DR, IN THE A PPEAL FILED BY THE REVENUE AT GROUND NO.3 AND 4 OF FORM N O.36, THE ISSUE RELATING TO DELETION OF ADDITION OF RS.1,00,186/ - MADE M A NO. 215/MUM/2018 M/S. LIPI DATA SYSTEMS LIMITED 2 U/S.!4A R.W.R.8D(2)(II) HAS BEEN CONTESTED. IN THE ORDER PASSED BY THE BENCH ON 31/07/2017, IT IS OBSERVED THAT GROUNDS OF APPEAL FILED BY THE REVENUE HAVE NOT BEEN ADJUDICATED BY THE T RIBUNAL. 3. WE HAVE GONE THROUGH THE MISCELLANEOUS APPLICATION AS WELL AS THE ORDER PASSED BY THE TRIBUNAL AND FOUND THAT IN THE REVENUES APPEAL ONE OF THE GROUNDS RAISED WITH REGARD TO DELETING DISALLOWANCE MADE U/S.14A AMOUNTING TO RS.1,00,186/ - HAS NOT BEEN DISPOSED OF. WE FOUND THAT TAX EFFECT IN THE APPEAL SO FILED BY THE REVENUE IS BELOW RS.20 LAKHS THEREFORE, IN TERMS OF CBDT CIRCULAR NO. 3/2018 DATED 11.07.2018 , THE APPEAL OF THE REVENUE DESERVES TO BE DISMISSED. 4. IN THE RESULT, MISCELLANEOUS APP LICATION IS DISPOSED OF IN TERMS INDICATED HEREINABOVE. ORDER PRONOUNCED IN THE OPEN COURT ON THIS 07 / 09 /201 8 SD/ - ( RAVISH SOOD ) SD/ - (R.C.SHARMA) JUDICIAL MEMBER ACCOUNTANT MEMBER M UMBAI ; DATED 07 / 09 /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//