DCIT 3(2)(1), MUMBAI V. INVENTURUS KNOWLEDGE SOLTIONS P.LTD, MUMBAI

ITA 2471/MUM/2017

• Counselvise Citation: [2020] 111 COUNSELVISE.COM (IT) 9102 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 9 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 07-01-2020
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: I
• Assessment Year: 2011-2012
• Appeal Filed On: 06-04-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: RAJESH KUMAR MISHRA
• Assessee Lawyers: S C TIWARI
• Keywords: Tax effect
• Section: 201; 13

Judgement Text

T HE INCOME TAX APPELLATE TRIBUNAL K BENCH, MUMBAI BEFORE SHRI SHAMIM YAHYA ( A M) & SHRI PAWAN SINGH (JM) I.T.A. NO. 2471 /MUM/ 201 7 (ASSESSMENT YEAR 20 11 - 12 ) ACIT 3(2)(1) ROOM NO. 608 6 TH FLOOR AAYAKAR BHAVAN M.K. ROAD MUMBAI - 400 020. V S . INVENTURU S KNOWLEDGE SOLUTIONS PVT. LTD. 151, NARIMAN BHAVAN VINAY SHAH MARG NARIMAN POINT MUMBAI - 400 021. PAN : AABCI5573J ( APPELLANT ) ( RESPONDENT ) ASSESSEE BY SHRI S.C. TIWARI & MS. RUTUJA N. PAWAR DEPARTMENT BY SHRI RAJESH KUMAR MISHRA DATE OF HEARI NG 13 . 11 . 201 9 DATE OF PRONOUNCEMENT 07 . 1 1 . 201 9 O R D E R PER SHAMIM YAHYA (AM) : - THE APPEAL FILED BY THE REVENUE IS DIRECTED AGAINST THE ORDER DATED 27.12.2016 PASSED BY THE LEARNED CIT(A) AND IT RELATES TO A.Y. 201 1 - 1 2 . THE REVENUE IS AGG RIEVED BY THE DECISION OF THE LEARNED CIT(A) IN DELETING THE PENALTY OF RS. 33,74,885 / - LEVIED U/S. 271G OF THE ACT . 2. AT THE OUTSET IT IS NOTED THAT THE TAX EFFECT INVOLVED ON THE ISSUE IN THE APPEAL UNDER DISPUTE IS LESS THAN RS.50.00 LAKHS AND HENC E THE REVENUE IS PRECLUDED FROM PURSUING THIS APPEAL AS PER CBDT VIDE CIRCULAR NO. 17/2019 DATED 8.8.2019 . ACCORDINGLY, THIS APPEAL BY THE REVENUE IS DISMISSED IN LIMINE ON ACCOUNT OF TAX EFFECT. INVENTURUS KNOWLEDGE SOLUTIONS PVT. LTD . 2 3. IN THE RESULT, THE APPEAL FILED BY THE REVENUE IS DISMISSED. ORDER HAS BE EN PRONOUNCED IN THE COURT ON 7.10.2020 . SD/ - SD/ - ( PAWAN SINGH ) (SH A MIM YAHYA ) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI ; DATED : 07 / 1 / 20 20 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// ( ASSISTANT REGISTRAR ) PS ITAT, MUMBAI