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2013 (5) TMI 556 - AT - Income TaxMaintainability of appeal - assessee stated that that tax effect in this appeal of the revenue is below the prescribed monetary limits for filing of appeal before ITAT and other superior courts - Held that:- Since this appeal filed on 06.05.2009, the same will be covered by Instruction No. 3/2011 issued on 09.02.2011 i.e. the revised monetary limit for filing of appeal before ITAT, whereby the CBDT has fixed the limit of Rs. 3 lacs. whereas the amount in dispute involved is Rs.6,50,000/- on which tax demand to be raised on the assessee is Rs.2,38,875/-. DR could not point out any of the exceptions as provided in the Circular that this is a loss case having tax effect more than the prescribed limit, which should be taken into account, or is a composite order for many assessment years where tax effect will be more than the prescribed limit as per para 5 of above instructions,or there is other year pending as disputed on the singular issue, or that in the case of revenue, where constitutional validity of the provisions of the Act or I.T. Rules 1962 are under challenge or that Board's order, Notification, Instruction or Circular has been held to be illegal or ultra vires, or that Revenue Audit Objection in the case has been accepted by the Department and the same is under challenge - appeal of the revenue is dismissed.
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