DCIT- CC- 3(1), MUMBAI V. CINEYUG ENTERTAINMENT PVT. LTD., MUMBAI

MA 232/MUM/2023

AI Insights

The case involves the Deputy Commissioner of Income Tax (DCIT) 3(1) as the appellant and M/s Cineyug Entertainment P. Ltd. as the respondent. Initially, the ITAT dismissed the Revenue's appeal due to the low tax effect, referencing CBDT Circular No. 17/2019. However, the Revenue filed a miscellaneous application arguing that the total tax effect from all grounds raised amounted to Rs. 73,32,400, surpassing the threshold of Rs. 50,00,000. The ITAT, upon reviewing the application and the submitted tax effect calculations, decided to recall the earlier order and scheduled the case for a future hearing.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 130300 (ITAT-MUMBAI)
• Duration Of Justice: 5 month(s) 3 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 15-08-2023
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: C
• Next Hearing Date: 13-07-2023
• Assessment Year: 2015-2016
• Appeal Filed On: 12-03-2023
• Laws Referred To: CBDT Circular No. 17/2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Tax effect; Tax effect

Judgement Text

P a g e | 1 MA No. 232/Mum/2023 DCIT 3(1) Vs. M/s Cineyug Entertaiment P. Ltd. IN THE INCOME TAX APPELLATE TRIBUNAL “C” BENCH, MUMBAI BEFORE SHRI AMARJIT SINGH, ACCOUNTANT MEMBER & MS. KAVITHA RAJAGOPAL, JUDICIAL MEMBER M.A No.232/Mum/2023 (Arising out of ITA No. 5726/Mum/2018) (A.Y. 2015-16) DCIT 3(1) Room No. 123, 19 th Floor, Air India building, Nariman Point, Mumbai – 400021 Vs. M/s Cineyug Entertainment P. Ltd. 301, Rose Apartment Juhu Church Road, Juhu Mumbai – 400 049 स्थायी लेखा सं./जीआइआर सं./PAN/GIR No: AAACC4376L Appellant .. Respondent [ Appellant by : Prakash Choughule Respondent by : None Date of Hearing 14.07.2023 Date of Pronouncement 16.08.2023 आदेश / O R D E R Per Amarjit Singh (AM): The miscellaneous application filed by the revenue is directed against the order of ITAT vide ITA No. 5726/Mum/2018 dated 29.07.2022 vide which the appeal of the revenue was dismissed because of low tax effect after referring the CBDT Circular No. 17/2019. Vide the miscellaneous application the revenue submitted that overall tax effect for all the ground raised by the revenue in this case is Rs.73,32,400/- which is more than the mandatory limit of Rs.50,00,000/- for filing the appeal before the Hon’ble ITAT. The revenue has also furnished the working of tax effect along with the miscellaneous application. P a g e | 2 MA No. 232/Mum/2023 DCIT 3(1) Vs. M/s Cineyug Entertaiment P. Ltd. 2. Heard the ld. D.R and perused the material on record. The revenue has submitted that the total disallowance made by the ld. CIT(A) comprising all the ground of appeal was Rs.244,41,335/- and the total tax effect on which comes to Rs.73,32,400/- which was more than Rs.50,00,000/-. Considering the aforesaid facts and tax effect which is more than the mandatory limit for filing the appeal as laid down in the CBDT Circular No. 17/2019 we recall the impugned order and direct the registry to list the case for hearing in due course after giving notice of hearing to both the side. Therefore, the miscellaneous application is allowed. 3. In the result, the miscellaneous application filed the Revenue is allowed. Order pronounced in the open court on 16.08.2023 Sd/- Sd/- (Kavitha Rajagopal) (Amarjit Singh) Judicial Member Accountant Member Place: Mumbai Date 16.08.2023 Rohit: PS आदेश की प्रतितिति अग्रेतिि/Copy of the Order forwarded to : 1. अपीलाथी / The Appellant 2. प्रत्यथी / The Respondent. 3. आयकर आयुक्त / CIT 4. विभागीय प्रविविवि, आयकर अपीलीय अविकरण DR, ITAT, Mumbai 5. गार्ड फाईल / Guard file. सत्यावपि प्रवि //True Copy// आदेशानुसार/ BY ORDER, उि/सहायक िंजीकार (Dy./Asstt. Registrar) आयकर अिीिीय अतिकरण/ ITAT, Bench, Mumbai.