Appeal details
Counselvise Citation
[2020] 111 COUNSELVISE.COM (IT) 0825 (ITAT-HYDERABAD)
Assessee PAN
Bench
Appeal Number
Duration Of Justice
4 year(s) 3 month(s) 7 day(s)
Appellant
Respondent
Appeal Type
Cross Objection
Pronouncement Date
08-06-2020
Appeal Filed By
Assessee
Order Result
Dismissed
Bench Allotted
DB-A
Next Hearing Date
08-06-2020
Assessment Year
2011-2012
Appeal Filed On
01-03-2016
Judgement Text
1 IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD A BENCH : HYDERABAD BEFORE S MT. P.MADHAVI DEVI, JUDICIAL MEMBER AND SHRI A. MOHAN ALANKAMONY, ACCOUNTANT MEMBER ITA NO. 33 /HYD./2016 ASSESSMENT YEAR: 20 11 - 12 DCIT, CIRCLE 17(1) VS. FACE BOOK INDIA ONLINE SERVICES P. LTD. HYDERABAD NO.20 12 TH FLOOR, SURVEY NO.64 2 APHC SOFTWARE LAYOUT MINDSPACE, CYBERABAD HYDERABAD PAN: AABCF5150G AND C.O. NO. 08/H/2016 (IN ITA NO. 33/HYD./2016 ) ASSESSMENT YEAR: 2011 - 12 FACE BOOK INDIA ONLINE SERVICES P.LTD VS DCIT, CIRCLE 17(1) HYDERABAD HYDERABAD (APPELLANT) (RESPONDENT) ASSESSEE BY : S H. DHANESH BAFRA, A.R. DEPARTMENT BY: S MT. NIVEDITA BISWAS, D.R. DATE OF HEARING : 08 / 06 / 2020 DATE OF PRONOUNCEMENT : 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 2 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 T HAN 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 COUL D 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 BROUG HT 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 LA KHS . 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 HEREINA BOVE. 3 5. IN THE RESULT, BOTH THE APPEAL BY THE REVENUE A S WELL AS THE CROSS OBJECTION OF THE ASSESSEE ARE DISMISSED. ORDER PRONOUNCED IN OPEN COURT ON 08 TH JUNE, 2020 . SD/ - SD/ - ( P. MADHAVI DEVI ) ( A. MOHAN ALAKAMONY) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 08 TH JUNE, 2020 . * GMV COPY FORWARDED TO: 1. DCIT, CIRCLE 17(1), HYDERABAD. 2. FACE BOOK INDIA ONLINE SERVICES PVT.LTD, NO.20 , 12 TH FLOOR, SURVEY NO.64 2 APHC SOFTWARE LAYOUT , M INDSPACE, CYBERABAD , H YDERABAD 3. PR. CIT - 1, HYD ERABAD . 4. D.R. ITAT HYDERABAD 5. GUARD FILE 6. DRP, BENGALURU // C O P Y // 4 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
