2013 (11) TMI 1434

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..... o file appeal before the Tribunal. The appeal neither involves any question which had a far reaching effect nor was of recurring in nature - 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 of Income Tax (Appeals) dated 4th November, 2008 wherein tax effect was less than rupees two lac ought not to have been filed
Hon'ble R.K. Agrawal And Hon'ble Ram Surat Ram (Maurya),JJ. For the Petitioner : S.S.C./Shambu Chopra ORDER Present appeal filed under Section 260-A of the Income Tax Act against the order dated 30th January, 2009 passed by the Income Tax Appellate Tribunal, Lucknow Bench "B" Lu .....

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..... 00/-. The Revenue feeling aggrieved preferred an appeal before the Tribunal. It may be mentioned here that the tax effect was less than Rs. 2 lakh. Before the Tribunal relying upon the circular dated 27th March, 2000 issued by the Central Board of Direct Taxes, New Delhi an objection was raised that the Department could not have filed an appeal against the order of the Commissioner of Income Tax (Appeals) as in the present case tax effect was less than two lakh. The Tribunal dismissed the appeal as unadmitted as the stake involved is less than Rs. 2 lakh. We have hard Sri S.Chopra, learned Senior Standing Counsel, Income Tax Department. We find that under section 268A of the Act which has been inserted with retrospective effect from 1.4. .....

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..... llowing should be contested irrespective of revenue effect: (I) Where Revenue audit objection has been accepted by the Department. (II) Where the Board's order, notification,instruction or circular is the subject matter of an adverse order. (III) Where prosecution proceedings are contemplated against the assessee. (IV) Where the constitutional validity of the provisions of the act are under challenge." The Board has, therefore, decided that the appeal before the Appellate Tribunal in tax matter could be filed where tax limit exceeds rupees one lac. It has excluded this monetary limit in the following four type of cases: (I) Where Revenue audit objection has been accepted by the Department. (II) Where the Board's order, notification, .....

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