Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2019 (8) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2019 (8) TMI 1661 - AT - Income TaxMaintainability of appeal - low tax effect - HELD THAT:- In this case, as per the return of income filed by the assessee, income declared was ₹ 2,38,10,300/- and assessed income was ₹ 3,22,27,430/- after making addition of ₹ 84,17,130/-. This addition has been deleted by ld. CIT(A) and against the same, the appeal was filed by the revenue and the C.O. is filed by the assessee which is merely in support of the order of ld. CIT(A). As per the latest notification issued by CBDT, no appeal is required to be filed by the revenue before the Tribunal if the tax effect is below ₹ 50 Lakhs and since in the present case, the tax effect is below ₹ 50 Lakhs, the appeal of the revenue is not maintainable because of low tax. This is by now a settled position of law that CBDT instruction is applicable to the pending appeals also and hence, this appeal of the revenue is dismissed because of low tax effect. The C.O. filed by the assessee is in support of the order of ld. CIT(A) and since, the appeal of the revenue is dismissed as not maintainable, the C.O. is also not maintainable and dismissed accordingly.
|