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TMI Blog2019 (2) TMI 117X X X X Extracts X X X X X X X X Extracts X X X X ..... , J.M. The aforesaid appeal has been filed by the Revenue challenging the order dated 13th October 2017, passed by the learned Commissioner (Appeals)-58, Mumbai, pertaining to assessment year 2007-08. 2. The only dispute in the present appeal is, whether or not the learned Commissioner (Appeals) was justified in deleting the penalty imposed under section 271C of the Income Tax Act, 1961 (for sho ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s entered into reseller agreement with Red Hat Asia Pacific Pte. Ltd., Singapore. As per the re-seller agreement, the re-seller agrees to demonstrate, market, promote and sell subscriptions to the Red Hat Services during the term to the end users in the Indian Sub-continent. As per the terms of the re-seller agreement, the assessee is required to make certain payment to Red Hat Asia Pacific Pte. L ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the Act demanding tax and interest by treating the assessee as an assessee in default. Being aggrieved with the aforesaid order passed by the Assessing Officer, the assessee preferred appeal before the learned Commissioner (Appeals) and thereafter before the Tribunal. The Tribunal, while deciding assessee's appeal in ITA no.1085/Mum./ 2014, dated 24th March 2017, quashed the order and deleted t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Act, in the meanwhile, has been quashed by the Tribunal, deleted the penalty imposed u/s 271C of the Act. 5. We have considered rival submissions and perused material on record. The learned Counsels appearing for the rival parties have agreed before us that the demand raised in pursuance to the order passed under section 201(1) and 201(1A) of the Act, in the mean while, has been deleted / quashed ..... X X X X Extracts X X X X X X X X Extracts X X X X
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