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TMI Blog2013 (7) TMI 167X X X X Extracts X X X X X X X X Extracts X X X X ..... . 10 lakhs, however some exception are laid down - Held that:- simply because the Tribunal held that section 40(a)(ia) of the Act is not applicable, would not bring the case within the said exception. Said exception would apply where the issue decided by the Tribunal arises out of a statutory provision whose validity is in question - The very purpose of laying down the limitations of tax appeal pe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dition of Rs.8,68,517/- under section 40(a)(ia) of the Income Tax Act, 1961 holding that the provisions of section 40(a)(ia) as amended by the Finance Act, 2010 w.e.f. 01/04/2010, are retrospective, without considering the fact that the relevant portion of the Memorandum explaining the Provisions in Finance Bill, 2010 clearly states that this amendment is proposed to take effect retrospectively fr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... withstanding that the tax effect entailed is less than the monetary limits specified in para 3 above or there is no tax effect. (a) Where the Constitutional validity of the provisions of an Act or Rule are under challenge, or (b) Where Board s order, Notification, Instruction or Circular has been held to be illegal or ultra vires, or (c) Where Revenue Audit objection in the ca ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... us contends that this appeal falls in the exception(a) noted above. We wonder how the Revenue can contend that Constitutional validity of the provisions of the Act and Rule are under challenge. Learned counsel for the Revenue made a strenuous effort to contend that the Tribunal has completely ignored the provisions of Section 40(a)(ia) of the Act and held that same are not applicable in the presen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ts to focus on appeals involving larger revenue. The entire purpose would be frustrated if the Revenue were to attempt to by-pass the circular of CBDT by raising artificial contentions to fall within the exceptions. 5. Under the circumstances, Tax Appeal is dismissed with a note of caution that in future, we may even consider imposing cost, if such practice persists. - - TaxTMI - TMITax - In ..... X X X X Extracts X X X X X X X X Extracts X X X X
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