DCIT, CIRCLE-17(1), HYD, HYDERABAD vs. FACE BOOK ONLIE SERVICES P. LTD., HYD, HYDERABAD

PDF · subscribers
ITA 33/HYD/2016Status: DisposedITAT Hyderabad08 June 2020AY 2011-124 pages

In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal held that the Revenue's appeal was barred by monetary limitation as the tax effect was below the threshold specified by CBDT circular. Consequently, the assessee's cross-objection became infructuous.

What were the facts?

The Revenue filed an appeal before the ITAT, and the assessee filed a cross-objection. The Revenue's appeal was based on an addition made by the AO, which was later deleted by the DCIT as per DRP directions.

What were the issues?

Whether the Revenue's appeal is maintainable before the Tribunal due to monetary limitation. Whether the assessee's cross-objection is valid when the primary appeal is dismissed.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 92CA(3),Section 144C(13),Section 144C(5)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, HYDERABAD ‘A’ BENCH : Hyderabad

Before: Smt. P.Madhavi Devi & Shri A. Mohan Alankamony

For Respondent: Smt. Nivedita Biswas, D.R
Hearing: 08/06/2020Pronounced: 08/06/2020

O R D E R Per A. MOHAN ALANKAMONY, A.M. The appeal is filed by the Revenue and the Cross Objection is filed by the assessee against the Order of the Ld.DCIT, Circle-17(1) Hyderabad dated 16/11/2015 passed u/s 143(3) r.w.s. 92 CA(3) & 144C(13) of the Act, being the Order passed pursuant to the Order of the Ld. Members of the DRP dated 26/10/2015 in F.No.12/DRP-BNG/2015-16 passed u/s 144C(5) of the Act.

2.

At the outset, the Ld.AR submitted before us that the appeal is barred by monetary limitation since the tax effect is less than Rs.50,00,000/-. It was therefore pleaded that the appeal of the Revenue may be dismissed. The Ld..AR further submitted that if the appeal of the Revenue is dismissed, then Cross Objection of the assessee shall become infructuous.

3.

Ld.DR could not controvert the submissions of the Ld.AR.

4.

After hearing both sides, we find merit in the submission of the Ld.AR. On perusing the Order of the Ld.DCIT it is apparent that the addition made by the Ld.AO in the draft assessment Order is Rs.97,50,820/- and the same is deleted by the Ld.DCIT based on the directions of the Ld. Members of the DRP. Further from the circular No.17/2019 of the CBDT dated 08th August 2019 in F.NO. 279/Misc 142/2007-ITJ(Pt.) it is apparent that no appeal shall be brought up before the Tribunal by the Revenue if the tax effect is less than Rs. fifty lakhs. It is also evident from the Order of the Ld.DCIT that the tax effect in the appeal of the Revenue is less than Rs. fifty Lakhs. Therefore, we hereby dismiss the appeal of the Revenue as it is barred by monetary limitation vide the circular issued by the Revenue cited supra. We also dismiss the Cross Objection of the assessee since it has become infructuous because no demand of tax survives by virtue of our Order hereinabove.

5.

In the result, both the appeal by the Revenue as well as the Cross Objection of the assessee are dismissed. Order pronounced in Open Court on 08th June, 2020. Sd/- Sd/- (P. MADHAVI DEVI) (A. MOHAN ALAKAMONY) JUDICIAL MEMBER ACCOUNTANT MEMBER Dated: 08th June, 2020. *gmv Copy forwarded to:

1. 1. DCIT, Circle 17(1), Hyderabad.

2. Face Book India Online Services Pvt.Ltd, No.20, 12th Floor, Survey No.64 2 APHC Software Layout, Mindspace, Cyberabad, Hyderabad 3. Pr.CIT-1, Hyderabad.

4. D.R. ITAT Hyderabad 5. Guard File 6. DRP, Bengaluru

// C o p y //

1.

Draft dictated on 2. Draft placed before the author 3. Draft placed before the second Member 4. Draft approved by second Member 5. Approved Draft comes to SrPS 6. Kept for Pronouncement 7. File sent to Bench Clerk

More judgments on Section 92CA(3)

All 702 judgments and leading authorities on Section 92CA(3) →

Recent GST High Court judgments

Search GST case law →