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2013 (10) TMI 1038 - HC - Income TaxLow Tax Effect - Notional tax effect - loss return / negative income - Whether the appellate tribunal is right in dismissing the appeal filed by the revenue that in the appeal, tax effect was below Rs.2 lakh, the revenue could not have preferred the same in view of the instructions of the CBDT, thereby entitling the appellate tribunal not to decide the same on merits – Held that:- Following Commissioner of Income Tax-II Versus Good Luck Marketing Ltd. [2013 (10) TMI 641 - GUJARAT HIGH COURT] the Tax Appeal is required to be allowed and the order passed by the tribunal is to be quashed and set aside and the appeal is required to be remanded to the tribunal to decide the same on merits – Decided in favour of Revenue.
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