TMI Blog2007 (3) TMI 796X X X X Extracts X X X X X X X X Extracts X X X X ..... n appeals bearing Nos. 1174, 1165, 1166, 1169, 1173, 1176 and 1178 of 2006 filed by the revenue are disposed of since common question of law is involved in these appeals. 2. All these appeals arise out of the consolidated order dated 23rd December, 2005 passed by the Income-tax Appellate Tribunal (in short as Tribunal ) in ITA No. 4685(Delhi)/2000 for the assessment year 1999-2000, ITA No. 596 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the items. The Assessing Officer held that the difference in the sale price of the items and the written down value of the items in the books of account of the assessee was perquisite in the hands of its employees and the assessee had not deducted the required TDS on the said perquisite value. Accordingly, the Assessing Officer initiated proceedings under section 201/201(1A) of the Income-tax Act, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vide impugned judgment, set aside the orders passed by the Commissioner of Income-tax (Appeals) and allowed appeal filed by the assessee. 7. Aggrieved against the order of the Tribunal, revenue has come in appeal before this Court. 8. It has been argued by the learned counsel for the revenue that the Assessing Officer in his order under section 201 of the Act has categorically established th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... imated salary in terms of section 192 of the Act. The revenue has not placed any material on record to show that the assessee had sold the cars and other items to its employees at less than the fair market price prevailing at that time. The only plea taken by the revenue to compute the perquisite value in the hands of the employees of the assessee is that the written down value of these assets was ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... us, the order of the Tribunal does not give rise to a question of law, much less a substantial question of law, to fall within the limited purview of section 260A of the Act, which is confined to entertaining only such appeals against the order which involves a substantial question of law. 13. So, under these circumstances, the question of penalty under section 271C of the Act for deduction of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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