Income Tax Appellate Tribunal - Mumbai
Crimson Interactive Pvt. Ltd., Mumbai vs Ito 12(1)(4), Mumbai on 23 August, 2018
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ITA No. 5088/Mum/2016 And C.O. No. 220/Mum/2018 AY. 2008-09
Income Tax Officer-12(1)(4) Vs. M/s Crimson Interactive Pvt. Ltd.
IN THE INCOME TAX APPELLATE TRIBUNAL "G" BENCH, MUMBAI
BEFORE SHRI B.R.BASKARAN, AM AND SHRI RAVISH SOOD, JM
ITA No. 5088/Mum/2016
(निर्धारण वर्ा / Assessment Year:2008 -09)
Income Tax Officer-12(1)(4) M/s Crimson Interactive Pvt. Ltd.
Room No. 145A, Aayakar Bhavan बिधम/ 1001, 10 Floor, Techniplex II,
th
M.K. Road, Churchgate, Veer Savarkar Flyover, S.V. Road,
Mumbai-400 020
Vs. Goregaon (West),
Mumbai- 400 020
स्थायी ऱेखा सं ./ जीआइआर सं ./ PAN No. AACCC7445G
(अपीऱाथी /Assessee) : (प्रत्यथी / Revenue)
C.O. No. 220/Mum/2018
(निर्धारण वर्ा / Assessment Year:2008 -09)
M/s Crimson Interactive Pvt. Ltd. Income Tax Officer-12(1)(4)
1001, 10th Floor, Techniplex II, बिधम/ Room No. 145A, Aayakar Bhavan
Veer Savarkar Flyover, S.V.Road, M.K. Road, Churchgate,
Vs. Mumbai-400 020
Goregaon (West),
Mumbai- 400 020
स्थायी ऱेखा सं ./ जीआइआर सं ./ PAN No. AACCC7445G
(अपीऱाथी /Assessee) : (प्रत्यथी / Revenue)
अपीऱाथी की ओर से / Assessee by : Mr. Jitendra Jain, Advocate
प्रत्यथी की ओर से/Revenue by : Shri Nishant Samaiya, D.R
सुनवाई की तारीख / : 23.08.2018
Date of Hearing
घोषणा की तारीख / : 23.08.2018
Date of Pronouncement
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ITA No. 5088/Mum/2016 And C.O. No. 220/Mum/2018 AY. 2008-09
Income Tax Officer-12(1)(4) Vs. M/s Crimson Interactive Pvt. Ltd.
आदे श / O R D E R
PER RAVISH SOOD, JUDICIAL MEMBER:
The captioned appeal filed by the Revenue pertaining to assessment year 2008-09 is directed against the order passed by CIT(A)-20, Mumbai, dated 27.05.2016, which in turn arises from the order passed by the Assessing Officer under section 143(3) r.w.s 147 of the Income Tax Act, 1961 (in short 'the Act'), dated 13.03.2015.
2. At the outset, the ld. Authorized Representative (for short 'A.R') for the assessee submitted that the tax effect involved in this appeal is less than Rs.20.00 lacs. In support of his aforesaid contention the Ld. A.R had placed on record a calculation of the 'tax liability' involved in the appeal. The ld. Departmental Representative (for short 'D.R') did not controvert the said factual position.
3. We find that the CBDT vide its Circular No.03/2018, dated 11/07/2018 has revised the monetary limits for filing of appeals by the Department before the Tribunal, retrospectively. Since the tax effect in dispute in the captioned appeal is admittedly below the monetary limit of Rs.20.00 lacs specified in the CBDT Circular No. 03/2018, dated 11/07/2018, therefore, the same is dismissed as not maintainable.
4. In the result, appeal of the Revenue is dismissed.
C.O. No. 220/Mum/2018(Arising out of ITA No. 5088/Mum/2016)
5. The ld. A.R submitted that the Cross Objection filed by the assessee was not being pressed. In the backdrop of the aforesaid concession of the ld. A.R the Cross Objection filed by the assessee is dismissed as not pressed.
P a g e |3 ITA No. 5088/Mum/2016 And C.O. No. 220/Mum/2018 AY. 2008-09 Income Tax Officer-12(1)(4) Vs. M/s Crimson Interactive Pvt. Ltd.
6. That both the appeal filed by the revenue and the Cross Objection of the assessee are dismissed.
Order pronounced in the open court on 23.08.2018
Sd/- Sd/-
(B.R. Baskaran) (Ravish Sood)
ACCOUNTANT MEMBER JUDICIAL MEMBER
Mumbai, Dated 23.08.2018
PS: Rohit
Copy of the Order forwarded to :
1. The Appellant ,
2. The Respondent.
3. The CIT(A)-
4. CIT
5. DR, ITAT, Mumbai
6. Guard file.
BY ORDER,
//True Copy//
(Dy./Asstt. Registrar)
ITAT, Mumbai