2010 (2) TMI 775

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ase - held that:- the Commissioner of Income-tax (Appeals) have been disposed of concerning the assessment years 1995-96, 1996-97, 1997-98 and 1998-99. If the tax effect in all the four appeals is taken together, the monetary value crosses the tax effect of more than rupees one lakh, in which event the appeals are maintainable. As the Tribunal has rejected all the appeals only on the said ground, .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... lding that the monetary limits specified in Board's Instruction No. 1979, dated March 27, 2000, was applicable without considering subsequent the instruction of the Board dated June 29, 2000, prescribing that the tax effect has to be considered taking into account all the assessment years for which the appeals are being filed at one point of time ?" The Income-tax Appellate Tribunal dismissed .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... taking together the assessment years 1995-96 and 1996-97. 2. Even if the issues involved in an appeal under consideration are already pending in appeal before the appellate authorities all subsequent appeals will now be filed for particular assessment year only as indicated in (i) above, if the tax effect exceeds the prescribed monetary limit. 3. In para. 3(iii) of the Instruction it has .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... resh Kumar, learned counsel for the appellant, has submitted that in the wake of the said clarification when the appeals are disposed of in respect of all the assessment years by common order, they can be clubbed together, for the purpose or monetary value and, if that be so, the tax effect is more than rupees one lakh in respect of all these cases and, hence, the Tribunal was not correct in dismi .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... 99. If the tax effect in all the four appeals is taken together, the monetary value crosses the tax effect of more than rupees one lakh, in which event the appeals are maintainable. As the Tribunal has rejected all the appeals only on the said ground, we set aside the order impugned and remit all the appeals to the Tribunal for fresh consideration on the merits without reference to the tax effect, .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X