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TMI Blog2011 (9) TMI 1151X X X X Extracts X X X X X X X X Extracts X X X X ..... t not surcharge. Admittedly, here, the tax was only ₹ 2,90,250/- which is below the limit of ₹ 3 lakhs prescribed in the Circular for filing appeals before this Tribunal. Resultantly, we do not find any mistake in the order of this Tribunal much less any mistake apparent on record. Miscellaneous Petition filed by the Revenue stands dismissed. - M.P. No. 155/Mds/2011 (in I.T.A. No. 30/ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ar No.5 of 2008 dated 15.5.2008, had dismissed the appeal of the Revenue. Now, as per learned D.R., the tax effect of ₹ 9,67,500/- would be ₹ 3,19,277/-. According to him, this amount was arrived at based on 30% tax slab aggregated with surcharge of 10% viz., ₹ 2,90,250/- and ₹ 29,025/- respectively. 3. We find that in clause (4) of Instruction No.5 of 2008 dated 15th Ma ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the definition of tax as per sub-section (43) of Section 2 of Income-tax Act, 1961, it runs as under:- (43) tax in relation to the assessment year commencing on the 1 st day of April, 1965, and any subsequent assessment year means income-tax chargeable under the provisions of this Act, and in relation to any other assessment year income-tax and super-tax chargeable under the provisio ..... X X X X Extracts X X X X X X X X Extracts X X X X
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