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2014 (8) TMI 384

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..... 9th February 2011 - in the latest instruction, the CBDT has raised the limit of tax effect for filing of appeal before the Tribunal at ₹ 4 lakhs – following the decision in CIT v/s Madhukar K. Inamdar (HUF) [2009 (7) TMI 145 - BOMBAY HIGH COURT] - circulars are applicable on pending appeals also – thus, the tax effect is less than ₹ 3 lakhs, therefore, the appeal of the revenue is dis .....

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..... ffect, submitted a letter dated 22nd July 2014, written by the Income Tax Officer, Ward 25(3)(2), Mumbai, stating that the tax effect in the appeal preferred by the Revenue is below ₹ 3 lakhs. The working of the tax effect has been given as under: A. Mrs. Vandana S. Lotle (2007 08) Addition : i. Disallowance of Expenses ₹ 9,40,755 ii. Disallowance u/s 58 ₹ 1,63,000 .....

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..... general and paragraph (5) thereof in particular lay down that even if the same issue, in respect of the same assessee, for other assessment years is involved, the Department should not file appeal, if the tax effect is less than ₹ 4 lakhs. In other words, even if the question of law is of recurring nature, the Revenue is not expected to file appeals in such cases, if the tax impact is less t .....

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..... e tax effect is less than the prescribed monetary limits. The circular dated May 15, 2008, would be applicable to cases pending before the court either for admission or for final disposal and it is binding on the Revenue. 4. In view of the admitted fact that the tax effect is less than ₹ 3 lakhs, therefore, the appeal of the Department is dismissed as non maintainable. 5. In the resul .....

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