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Income Tax Appellate Tribunal - Delhi

Dcit, Gurgaon vs M/S. Pay U Payments India Pvt. Ltd., ... on 27 February, 2019

    IN THE INCOME TAX APPELLATE TRIBUNAL, DELHI BENCH 'B',
                         NEW DELHI

     BEFORE SHRI N. K. BILLAIYA, ACCOUNTANT MEMBER, AND
            MS. SUCHITRA KAMBLE, JUDICIAL MEMBER

                        ITA No. 2020/DEL/2016
                       Assessment Year: 2010-11

   The D.C.I.T.           Vs.           Pay U Payments India P. Ltd
   Circle - 3                           [Previously known as Ibibo
   Gurgaon                                Web Pvt Ltd, 4th Floor
                                        Pearl Tower, Plot No. 51,
                                        Sector - 32, Gurgaon

                                        PAN No. AAJCS 9091 D

   (APPELLANT)                                (RESPONDENT)


           Appellant by                 : Ms. Ashima Neb, Sr. DR

           Respondent by                : Shri Aman Kumar,
                                          Shri Anand Bansal, CA


                           Date of hearing:   26/02/2019
                  Date of Pronouncement:       27/02/2019


                                ORDER

PER N. K. BILLAIYA, ACCOUNTANT MEMBER:

This appeal by the Revenue is preferred against the order of the ld. CIT(A) - 1, Gurgaon dated 10.02.2016 pertaining to A.Y 2010-11.

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2. The sole grievance of the Revenue is that the CIT(A) erred in deleting the addition amounting to Rs. 52.62 lakhs.

3. The grievance of the Revenue itself shows that the tax effect is less than Rs. 20 lakhs. This appeal by the Revenue has to be dismissed in the light of the CBDT Circular No. 3/2018 dated 11.07.2018 by which the Board has revised the monetary limit for filing of appeals by the department before the ITAT and the monetary limit has been fixed at Rs. 20 lakhs. The Board at Clause 13 of the said Circular has clarified as under:

"This Circular will apply to SLPs/appeals/cross objections/references to be filed henceforth in Supreme Court/High Court/Tribunal and it shall also apply retrospectively to pending SLPs/appeals/cross objections/ references. The pending appeals below the specified tax limit in para 3 above may be withdrawn/not pressed."

4. In the light of the aforesaid CBDT Circular, the appeal filed by the Revenue is dismissed.

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5. In the result, the appeal of the revenue in ITA No. 2020/DEL/2016 is dismissed.

Order pronounced in the open court on 27.02.2019.

        Sd/-                                                Sd/-

 (SUCHITRA KAMBLE)                                   (N. K. BILLAIYA)
  JUDICIAL MEMBER                                 ACCOUNTANT MEMBER


Date:        27.02.2019


VL


Copy forwarded to:

1.      Appellant
2.      Respondent
3.      CIT
4.      CIT(Appeals)
5.      DR, ITAT
                                                        ASSISTANT REGISTRAR
                                                         ITAT, NEW DELHI
                           4




Date of dictation

Date on which the typed draft is placed before the dictating Member Date on which the typed draft is placed before the Other member Date on which the approved draft comes to the Sr.PS/PS Date on which the fair order is placed before the Dictating Member for Pronouncement Date on which the fair order comes back to the Sr. PS/ PS Date on which the final order is uploaded 11.01.2019 on the website of ITAT Date on which the file goes to the Bench Clerk Date on which file goes to the Head Clerk.

The date on which file goes to the Assistant Registrar for signature on the order Date of dispatch of the Order