Case Law Details
DCIT Vs Monster.Com (India) Private Limited (ITAT Hyderabad)
In the assessee’s own case the Tribunal observed that the assessee followed appropriate revenue recognition method of accounting and thus the income declared on proportional receipt basis cannot be questioned. This order was followed by the ITAT in the assessee’s own case in the A.Ys 2007-08 to 2009-10 (ITA No. 1762/Hyd/2011 onwards dated 31.03.2017), wherein the Bench reiterated the stand that was taken in the assessee’s own case in the earlier years. Ld. DR however submits that in 2008-2009 a different view was taken in the case of Zenith Energy Services Pvt Ltd., (supra) but the fact remains that factual matrix of the case was different from the facts with which we are concerned. Even otherwise the above said decision was rendered in 2012 wherein the view already taken by the ITAT ‘B’ Bench Hyderabad in 2007 was not referred to and thus the view already taken by the Tribunal earlier, which was recently followed, should be taken as precedent more particularly when a decision was rendered by the Tribunal in the assessee’s own case for the earlier year. Under these circumstances, we affirm the order of the Ld. CIT(A) and dismiss the appeal filed by the Revenue.
FULL TEXT OF THE ORDER OF ITAT HYDERABAD
Both are Revenue’s appeals for the A.Ys 2016-17 & 2017-18 against the orders of the CIT (A)-4, Hyderabad, dated 20.02.2020.
2. At the outset, it is noticed that the appeal is filed with a delay of 57 days and the assessee has filed an application for condonation of delay stating that the delay is due to COVID-19 lockdown. Taking the same into consideration and also the Writ Petition No. High Court dated 25-11-2020 in Writ Petition N0.1 of 2020 wherein the Hon’ble High Court considering the widespread pandemic situation, excluded the period of limitation, we hold that there is no delay in filing of this appeal.
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