ASST CIT 10(1), MUMBAI vs. GARTNER INDIA RESEARCH & ADVISORY SERVICERS P.LTD, MUMBAI

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ITA 8105/MUM/2011Status: DisposedITAT Mumbai27 July 2020AY 2006-073 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 appeal filed by the Revenue was not maintainable due to the low tax effect, as per CBDT Circular No. 17/2019. Therefore, the appeal was dismissed.

What were the facts?

The Revenue filed an appeal against an order of the CIT(A) that deleted a penalty levied under Section 271(1)(c). The tax effect of the appeal was below ₹50 Lakhs.

What were the issues?

Whether an appeal by the Revenue is maintainable when the tax effect is below the threshold specified by CBDT circulars.

Which sections of the Income-tax Act were involved?

Section 271(1)(c)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, MUMBAI BENCH “G”, MUMBAI

Before: SHRI C.N. PRASAD, HON’BLE & SHRI M. BALAGANESH, HON’BLE

For Appellant: Shri Jigar Haria
For Respondent: Shri V. Vinod Kumar
Hearing: 27.07.2020Pronounced: 27.07.2020

O R D E R PER C.N. PRASAD (JM) This appeal is filed by the Revenue against the order of the Learned Commissioner of Income Tax (Appeals)-15, Mumbai [hereinafter in short “Ld.CIT(A)”] in Appeal No. CIT(A)-15/IT-Curr-59/11-12 dated 14.09.2011 for the Assessment Year 2006-07.

2.

Revenue has raised the following grounds in its appeal: -

1. On the facts and in the circumstances of the case and in law, the Ld. CIT(A) erred in deleting the penalty levied u/s.271(1)(c) of the Act, amounting to ₹.14,55,060/-.

(A.Y: 2006-07) M/s. Gartner India Research & Advisory Services Pvt. Ltd., 2. The appellant prays that the order of the Ld.CIT(A) on the ground be set aside and that of the Assessing Officer be restored.

3.

At the time of hearing, Authorized Representative of the assessee submitted that tax effect on the issue in the present appeal is ₹.14,55,060/- which is below ₹.50 Lacs and in view of the CBDT Circular No. 17/2019 dated 08.08.2019 in F.No.279/Misc.142/2007-ITJ (Pt), the appeal of the Revenue is not maintainable.

4.

Departmental Representative also agreed with the above submission of the Authorized Representative of the assessee.

5.

We have heard the submissions and perused the grounds of appeal in this appeal. We find that the tax effect in this appeal is less than ₹.50 Lakhs and therefore the appeal of the Revenue is not maintainable on account of low tax effect in view of the CBDT Circular No. 17/2019 dated 08.08.2019. Hence this appeal is dismissed.

6.

In the result, appeal of the Revenue is dismissed.

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