Home Case Index All Cases Income Tax Income Tax + HC Income Tax - 2013 (1) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2013 (1) TMI 179 - HC - Income TaxInterest on loan - disallowance as the assessee had not utilized the loan amount in the course of its business activity and the same had been utilized by its sister concern - CIT (appeals) allowed the appeal of assessee in part and further rectified in respect of the remaining disallowed part of the expenses - revenue filed two appeal one against initial order of CIT(A) & then rectified order - revenue filed an application under Order 6 Rule 17 r/w section 151 of the Code of Civil Procedure seeking for substitution of the appeal numbers in cause title by making a reference to the order of the Tribunal passed related to not allowing the entire interest and also for suitable amendment in the Memorandum of Appeal - Held that:- It is not necessary to opine on the scope of Order VI Rule 17 of the Code of Civil Procedure being applicable in a proceeding of this nature particularly as it relates to amendment of pleading and the Court is now examining an appeal under section 260-A the question would be more relevant within the scope of section 260-A. Allowing the application of this nature at this point of time and also to permit the revenue to agitate such question by further alteration of the Memorandum of Appeal etc., is not a feasible course of action at this point of time. However, it is open for the revenue to agitate the matter separately and in a manner permitted in law and if they are so desirous to pursue the question. Maintainability of this appeal is not allowed at this point of time as the revenue involved is not more than Rs. 2,00,000/- and therefore, in terms of board Circular No. 2/05, dated 24.10.2005 the appeal should not be entertained.
|