9911796707
TMI Blog2014 (5) TMI 280X X X X Extracts X X X X X X X X Extracts X X X X ..... 3, G.A. No.3197 of 2013 - - - Dated:- 11-4-2014 - Girish Chandra Gupta And Sudip Ahluwalia,JJ. For the Appellant : Ms. M. Bhargava, Adv For the Respondent : Mr. J. P. Khaitan ORDER Girish Chandra Gupta,j. The subject matter of challenge in this appeal is a judgment and order dated 14th May, 2013 by which the learned Tribunal allowed the appeal of the assessee. Aggrieved by the order of the learned Tribunal, the revenue has come up in appeal under section 260A of the Income Tax Act. It appears that an assessment under section 147/144 of the Income Tax Act was made by the Assessing Officer holding that the total taxable income escaped was Rs.18,69,000/-. The tax payable by the assessee was calculated at a sum of Rs. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dispute, the amount of interest shall be the tax effect. In cases where the returned loss is reduced or assessed as income, the tax effect would include notional tax on disputed additions. In case of penalty orders, the tax effect will mean quantum of penalty deleted or reduced in the order to be appealed against . Mr. Khaitan contended that the amount of interest claimed under section 234B of the Income Tax Act of the Assessing Officer cannot be taken into account for the purpose of determining the tax effect in the light of Clauses-3 and 4 of the Instruction issued by C.B.D.T. The matter was heard by us on 9th April, 2014. Mrs. Bhargava, learned Advocate took time to further ponder over the matter. Today, she submitted that the ass ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pressed the following views: At the very outset, Mr. Nizamuddin, the learned advocate appearing for the appellant, points out that the tax effect of the present appeal is less than Rs.10 lakh and this does not come within the exception as pointed out in CBDT Instruction No. 3 of 2011 dated 9th February, 2011. In view of the aforesaid fact, we find that this appeal has been filed by violating the Instructions issued by the CBDT, which was binding upon the appellant in view of the provisions contained in Section 268A of the Income Tax Act. We, thus, dismiss this appeal on that ground alone . Following the aforesaid judgment, we hold that this appeal has been filed by violating the Instructions issued by the CBDT, which were binding ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
