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TMI Blog2009 (12) TMI 101X X X X Extracts X X X X X X X X Extracts X X X X ..... car and interest on car loan, since the assessee himself disallowed 1/4th car maintenance expenses in his return of income. Aggrieved by the disallowance, the assessee filed an appeal before the Commissioner of Income Tax (Appeals), who allowed the appeal by holding that the Assessing Officer had no jurisdiction to reopen and reassess the returns. Aggrieved by the order of the Commissioner of Inc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... - Though the said argument of the Revenue is interesting to hear, the fact remains that no such argument is appeared to have been advanced before the Tribunal, which is amply evident by a mere reading of the order of the Tribunal. Hence, the question of law formulated does not arise from the order of the Tribunal – revenue appeal dismissed - 1135 OF 2009 - - - Dated:- 21-12-2009 - Coram: Th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nvolves audit objection?" the Revenue filed this appeal. 2. The Assessing Officer, while completing the reassessment proceedings under Section 143(3) read with Section 147 of the Income Tax Act, disallowed/withdrawn 1/4th of the expenses incurred towards insurance/ depreciation on car and interest on car loan, since the assessee himself disallowed 1/4th car maintenance expenses in his return ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... circular. There are certain exceptions contained therein. One of the exceptions is that if there is an audit objection, the Revenue can file an appeal notwithstanding the fact that the tax effect is less than the monetary limit quoted by the Central Board of Direct Taxes. 3. We have heard learned counsel for the Revenue. 4. Though the said argument of the Revenue is interesting to hear, the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... se of CIT Vs Camco Colour Co. K.RAVIRAJA PANDIAN, J AND M.M.SUNDRESH,J RS (reported in 254 ITR 565) as well as in the case of CIT Vs. Pithwa Engg. Works (reported in (2005) 276 ITR 519). 5. Accordingly, the appeal is dismissed as it does not involve any question of law, much less a substantial question of law for consideration. (K.R.P. J.) (M.M.S. J.) 21.12.2009 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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