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TMI Blog2010 (2) TMI 876X X X X Extracts X X X X X X X X Extracts X X X X ..... consideration. appeal filed by the revenue was not competent in the light of CBDT Instruction No.5/2008 dated 15.5.2008 - Held that:- interest for computing tax effect is not to be taken into account but how much interest has been charged is not available on record. Ld. Counsel for the assessee, tax effect involved in the present appeal is Rs. 2 lakh or less in this case. no substance in this appeal therefore rejected - ITA No. 4634/Del/09, - - - Dated:- 8-2-2010 - Vimal Gandhi, K.D. Ranjan, JJ. D.N. Kar, CIT, DR for the Appellant Piyush Kaushik for the Respondent ORDER Vimal Gandhi:- 1. This appeal by the revenue for Asstt. Year 2004-05 is directed against order of CIT(A) allowing deduction of Rs.5,00,629/- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... following decisions of the Tribunal:- 1. ACIT vs Eric Matthew Gottesman (2007) 15 SOT 301 (Del) 2. ACIT, Circle 47(1) vs Hideki Ishihara in ITA No. 1906/Del/08 dated 31.12.08 3. ITO vs Lukas Fole (2009) 124 TTJ (Pune) 965 4. Gallotti Raoul vs ACIT 61 ITD (Bom.) 453 4. In all the above cases, similar contribution to social security made by the employer in the home country of the foreign national was held to be not taxable as a perquisite. 5. Ld. Counsel also submitted that tax effect in this case was merely Rs. 1,65,208 if interest charged u/s 234B is not taken into consideration. It was argued that appeal filed by the revenue was not competent in the light of CBDT Instruction No.5/2008 dated 15.5.2008. 6. Ld. DR ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the assessee is also without any substance. It is well-accepted that even in ex parte cases, the ld. CIT(A) is required to decide appeal on merit after considering material available on record. Therefore, ld. CIT(A) in holding that the matter in issue was fully covered by the decision of the Tribunal did not commit any error of law. We have already examined and found that the matter in issue is fully covered in favour of the assessee. 8. The other contention advanced before us that tax effect is less than Rs.2 lakh cannot be decided as detailed calculations have not been filed before us. It is no doubt true that interest for computing tax effect is not to be taken into account but how much interest has been charged is not available on r ..... X X X X Extracts X X X X X X X X Extracts X X X X
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