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

ITA 8105/MUM/2011

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 8834 (ITAT-MUMBAI)
• Duration Of Justice: 8 year(s) 7 month(s) 25 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 27-07-2020
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: G
• Assessment Year: 2006-2007
• Appeal Filed On: 02-12-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: V VINOD KUMAR
• Assessee Lawyers: JIGAR HARIA
• Keywords: Tax effect; Set aside

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH G , MUMBAI BEFORE SHRI C.N. PRASAD , HONBLE JUDICIAL MEMBER AND SHRI M. BALAGANESH , HONBLE ACCOUNTANT MEMBER ITA NO . 8105 /MUM/201 1 ( A.Y: 2006 - 07) ASST. CIT 10(1) ROOM NO. 453 AAYAKAR BHAVAN, M.K. ROAD MUMBAI 400 020 V. M/S. GARTNER INDIA RESEARCH & ADVISORY SERVICES PVT. LTD., RAHE J A TOWERS, 2 ND FLOOR C - 30 G BLOCK, BANDRA KURLA COMPLEX BANDRA (E), MUMBAI 400 051 PAN: AACCA0176C (APPELLANT) (RESPONDENT) ASSESSEE BY : SHRI JIGAR HARIA DEPARTMENT BY : SHRI V. VINOD KUMAR DATE OF HEARING : 27.07.2020 DATE OF PRONOUNCEMENT : 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 GROUND S 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/ - . 2 ITA NO. 8105/MUM/2011 (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 DAT ED 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 T HE 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. ORDER PRONOUNCED IN THE OPEN COURT ON THE 27 TH JULY, 2020 SD/ - SD/ - ( M. BALAGANESH ) (C.N. PRASAD) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI / DATED 27 / 07 / 2020 GIRIDHAR, SR.PS 3 ITA NO. 8105/MUM/2011 (A.Y: 2006 - 07) M/S. GARTNER INDIA RESEARCH & ADVISORY SERVICES PVT. LTD., COPY OF THE ORDER FORWARDED TO : 1. THE APPELLANT 2. THE RESPONDENT. 3. THE CIT(A), MUMBAI. 4. CIT 5. DR, ITAT, MUMBAI 6. GUARD FILE. //TRUE COPY// BY ORDER, (ASSTT. REGISTRAR) ITAT, MUM