The Director Of Income Tax, (International Taxation) v. Gartner Ireland Ltd.C/O/Bsr And Co.

902-itxa-2123-2011.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO. 2123 OF 2011 The Director of Income Tax (International Taxation) Scindia House, Ballard Estate, N.M. Road, Mumbai-400 038.

.. Appellant Vs.

Gartner Ireland Ltd., C/o. BSR and Co., Lodha Excelus, 1st Floor, Apollo Mills Compound, N.M. Joshi Marg, Mahalakashmi, Mumbai 400 011.

PAN : AACCG 2919 B .... Respondent Digitally signed by SHRADDHA KAMLESH TALEKAR Date:

2022.09.08 20:04:01 +0530 SHRADDHA KAMLESH TALEKAR **** Mr.Suresh Kumar for appellant.

Mr.Atul K. Jasani for respondent.

**** CORAM : DHIRAJ SINGH THAKUR AND ABHAY AHUJA, JJ.

DATE : 7th SEPTEMBER 2022 PC :

1.

Learned Counsel for the appellant states that the tax effect in the present Appeal is below the limit stipulated in terms of Circular No.17 of 2019, dated 8th August, 2019. It is stated that no instructions have been received from the Department to withdraw the present Appeal.

Shraddha Talekar, PS 1/2

902-itxa-2123-2011.doc 2.

In the light of Circular No. 17 of 2019, the Appeal is disposed of as involving low tax effect.

3.

However, we observe that in case, the Revenue fnds for some reason that the Appeal was not supposed to have been withdrawn in the light of the Circular, dated 8th August 2019, it would be open to the Revenue to fle an application/praecipe seeking restoration of the Appeal, to be decided on its own merits. Refund of Court-fees as per Rules.

[ABHAY AHUJA, J.] [DHIRAJ SINGH THAKUR, J.] Shraddha Talekar, PS 2/2