IT : CBDT Instruction revising monetary limit for filing appeal before Tribunal on income-tax matters would apply to pending appeals also
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[2015] 53 taxmann.com 82 (Kolkata - Trib.)
IN THE ITAT KOLKATA BENCH 'B'
Income-tax Officer
v.
Smt. Arati Jana*
MAHAVIR SINGH, JUDICIAL MEMBER
AND SHAMIM YAHYA, ACCOUNTANT MEMBER
IT APPEAL NO. 1096 (KOL.) OF 2012
[ASSESSMENT YEAR 2007-08]
SEPTEMBER 3, 2014
Section 268A of the Income-tax Act, 1961 - Filing of appeal by Income-tax authority - Maintainability of (Instruction No. 5/2014) - Assessment year 2007-08 - Whether Instruction No. 5 of 2014, F. No. 279/Misc. 142/2007-ITJ (Pt), dated 10-7-2014, revising monetary limit to Rs. 4 lakh for filing appeal before Tribunal on income-tax matters will apply to pending appeals also - Held, yes - Whether where revenue could not point out any exceptions as provided in said instruction and it was a low tax effect case, appeal of revenue would not be maintainable - Held, yes [Para 5] [In favour of assessee]
Circulars and Notifications : Instruction No. 5/2014, dated 10-7-2014
■■■
[2015] 53 taxmann.com 82 (Kolkata - Trib.)
IN THE ITAT KOLKATA BENCH 'B'
Income-tax Officer
v.
Smt. Arati Jana*
MAHAVIR SINGH, JUDICIAL MEMBER
AND SHAMIM YAHYA, ACCOUNTANT MEMBER
IT APPEAL NO. 1096 (KOL.) OF 2012
[ASSESSMENT YEAR 2007-08]
SEPTEMBER 3, 2014
Section 268A of the Income-tax Act, 1961 - Filing of appeal by Income-tax authority - Maintainability of (Instruction No. 5/2014) - Assessment year 2007-08 - Whether Instruction No. 5 of 2014, F. No. 279/Misc. 142/2007-ITJ (Pt), dated 10-7-2014, revising monetary limit to Rs. 4 lakh for filing appeal before Tribunal on income-tax matters will apply to pending appeals also - Held, yes - Whether where revenue could not point out any exceptions as provided in said instruction and it was a low tax effect case, appeal of revenue would not be maintainable - Held, yes [Para 5] [In favour of assessee]
Circulars and Notifications : Instruction No. 5/2014, dated 10-7-2014
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