9911796707
TMI Blog2012 (11) TMI 514X X X X Extracts X X X X X X X X Extracts X X X X ..... ated 26.7.2006 wherein tax effect was less than rupees two lac ought not to have been filed. Appeal is dismissed as not maintainable. - ITA No. - 328 of 2009 - - - Dated:- 1-11-2012 - R.K. Agrawal, And Ram Surat Ram (Maurya), JJ. Petitioner Counsel :- S.C. Present appeal filed under Section 260-A of the Income Tax Act against the order dated 6th February, 2009 passed by the Income T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... appeal the Commissioner of Income Tax (Appeals) disagreed with the findings given by the assessing officer relying on the evidences produced by the assessee and deleted the additions. The Revenue feeling aggrieved preferred an appeal before the Tribunal. It may be mentioned here that the tax effect was less than 2 lakh. Before the Tribunal relying upon the circular dated 27th March, 2000 issued by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssued in exercise of powers conferred under section 268A of the Act and has binding effect on all the authorities. He, thus, submitted that as the tax in dispute is less than rupees two lakh the Revenue was not entitled to file appeal before the Tribunal. According to him the appeal neither involve any question which had a far reaching effect nor was of recurring in nature. Having given our thou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d individually satisfy the new monetary limits. The working out of monetary limits will therefore not take into consideration the cumulative revenue effect as envisaged in the Board's earlier instruction referred to above. 3. Adverse judgment relating to the following should be contested irrespective of revenue effect: (I) Where Revenue audit objection has been accepted by the Department. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e constitutional validity of the provisions of the Act are under challenge. None of the above conditions applies in the present case. In this view of the matter we are of the considered opinion that the circular dated 27th March, 2000 issued by the Central Board of the Direct Taxes was binding upon the Department and, therefore, the appeal preferred by it against the order of the Commissioner ..... X X X X Extracts X X X X X X X X Extracts X X X X
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