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TMI Blog2009 (12) TMI 103X X X X Extracts X X X X X X X X Extracts X X X X ..... el for IT JUDGMENT (JUDGMENT WAS DELIVERED BY K.RAVIRAJA PANDIAN, J) These appeals were filed against the orders of the Income Tax Appellate Tribunal by formulating the following substantial questions of law: "i. Whether, on the facts and in the circumstances of the case, the Tribunal was justified in entertaining the Departmental appeal, which is contrary to Instruction No.2/2005 dated 24.10.2005 issued by the Central Board of Direct Taxes wherein the Department is precluded from filing an appeal if the tax effect involved in the appeal is less than Rs.2 lakhs and ii. Whether, on the facts and in the circumstances of the case, the Income Tax Appellate Tribunal was right in law in holding that the appellant was not entitled to exemptio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lfill the conditions enumerated in Sub.Clauses (iii) and (iv) of Rule 2BA of the Income Tax Rules (hereinafter referred to as the Rules) and that the exemption under Section 10(10C) of the Act cannot at all be allowed. The scrutiny assessment was completed on 26.12.2006 denying exemption of Rs.5 lakhs under Section 10(10C) of the Act and the total income was determined at Rs.16,96,780/-. 3. Not satisfied with that, the assessee filed an appeal before Commissioner of Income Tax (Appeals) challenging the denial of exemption under Section 10(10C) of the Act. The Commissioner of Income Tax (Appeals) allowed the appeal filed by the assessee. Aggrieved by the order of the Commissioner of Income Tax (Appeals), the Revenue filed an appeal before ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the conclusion as above on merits in several cases where the tax effect is less than the one prescribed under Instruction No.2/2005 of the Central Board of Direct Taxes dated 24.10.2005, without going into the merits of the case, this Court allowed the appeals on the sole ground that the tax effect is less than the one prescribed in the circular of the Central Board of Direct Taxes for filing an appeal. 6. In these cases also, the tax effect is less than Rs.2 lakhs prescribed in the circular of the Central Board of Direct Taxes for filing an appeal before the Tribunal. On that ground, after hearing the learned counsel for the Revenue, by answering the questions of law in the negative against the Revenue and in favour of the assessee, the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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